Companies - Just And Equitable Winding Up

• Law Firm: Collas Crill
• Subject Matter: Corporate/Commercial Law, Corporate and Company Law, Shareholders
• Author: Lynne Calder
• Published date: 10 March 2023

Lynne Calder, Of Counsel in the Jersey Dispute Resolution team, was appointed by the Royal Court of Jersey as Amicus Curiae in a case involving an application for the winding up of a company on the "just and equitable" basis under Article 155 of the Companies (Jersey) Law 1991.

It was an unusual case in that it was in respect of a solvent company. There was said to be a loss of confidence on the part of the minority shareholder in the probity and impartiality of the majority shareholder, the latter also being the only director.

The application was...