Source: All England Reporter
Publisher Citation: [2002] All ER (D) 287 (Jan)
Court: Chancery Division

Lloyd J

Representation Adrian Francis (instructed by the Treasury Solicitor) for the Secretary of State.
  Robert Levy (instructed by Feltons) for the respondent.
Judgment Dates: 30 January 2002


Company - Compulsory winding up - Petition by Secretary of State - Respondent company carrying on business of buying and selling wine - Investigation revealing that respondent knowingly misleading potential and existing customers - Secretary of State presenting winding up petition against respondent on ground that expedient in public interest - Whether petition should be granted.

The Case

Where the Secretary of State had presented a petition for winding up of a company pursuant to s124A of the on the grounds that it would be in the public interest to do so, the court would grant such an application if the evidence revealed that the company's business was dishonest, and the company had profited at the expense of its clients. In the instant case, those factors applied, and the company's proposed undertakings were not adequate. Accordingly, it was in the public interest that the company be wound up.

Practice Areas

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