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- Preliminary Material
- Preface
- Contents—Summary
- Contents
- Later Developments
- Smart Meter Communication Licensee Administration
- Gibraltarian Insurers
- Gibraltarian Credit Institutions
- Circumstances in which a Winding-up Order may be Made
- Remote Hearing
- Notice of Appearance
- Foreign Judgments (Reciprocal Enforcement) Act 1933
- The Just and Equitable Clause
- Petitioner’s Contribution to the Situation
- Deadlock
- Part A1 Moratorium
- Table of Cases
- Table of Legislation
- Australia (see also New South Wales, Western Australia)
- Belgium
- British Columbia
- Canada (see also British Columbia, Manitoba, Ontario)
- Cayman Islands
- Gibraltar
- Hong Kong
- Isle of Man
- Malaysia
- Manitoba
- New South Wales
- New Zealand
- Nova Scotia
- Ontario
- Scotland
- Singapore
- United Kingdom
- Virgin Islands Insolvency Act
- Western Australia
- Table of UK Statutory Instruments
- Table of European Legislation
- Table of International Treaties and Conventions
- List of Abbreviations
- Main Text
- 1 Jurisdiction, Sources and General Rules
- Preliminary Material
- Nature and Purpose of Compulsory Winding Up
- Sources of the Law on Winding Up Companies
- Current Legislation
- 1.42
- Insolvency Act 1986 (IA 1986)
- Insolvent Partnerships Order 1994 (IPO 1994)
- Banking Act 2009
- Insolvency (England and Wales) Rules 2016 (IR 2016)
- Application of IR 2016
- Continuing effect of IR 1986
- Bank Insolvency (England and Wales) Rules 2009 and Building Society Insolvency (England and Wales) Rules 2010
- Civil Procedure Rules 1998 (CPR)
- Practice Direction — Insolvency Proceedings (IPD)
- UNCITRAL Model Law
- Regulation (EU) 2015/848
- References in this work to legislation
- Case Law and Interpretation of Legislation
- Law of other Jurisdictions
- Current Legislation
- Entities which may be Wound Up: Introduction
- Centre of Main Interests and Establishment
- Registered Companies
- Entities Treated as Registered Companies
- Unregistered Companies
- What is an Unregistered Company?
- Examples of Unregistered Companies which may be Wound Up under IA 1986, Part 5
- Insolvent Partnerships and Financial Services Partnerships
- Types of petition against insolvent partnerships
- Application and modification of IA 1986 and IR 2016
- Connection with the jurisdiction
- Definition of ‘insolvent partnership’
- Limited partnerships
- Limited liability partnerships
- Financial services partnerships
- Administration of joint estate as if a winding-up order had been made
- Court orders to wind up an insolvent partnership other than as an unregistered company
- Winding up in bankruptcy on members’ petition
- Winding up in bankruptcy by direction of the court
- Orders under the Partnership Act 1890, s 39
- Other Entities Identified in Legislation as Unregistered Companies
- COMI in the United Kingdom
- Foreign Companies
- Sufficient Connection with the Jurisdiction
- Showing sufficient connection
- COMI
- Establishment
- Only office and all shareholders in the jurisdiction
- Branch office or agency in the jurisdiction
- Business conducted in the jurisdiction
- Having office, or place of business, or doing business in jurisdiction not necessary
- Registration as an overseas company irrelevant
- Assets in the jurisdiction and persons interested
- Benefit to applicant or creditors and jurisdiction over person interested in distribution of assets
- Miscellaneous factors
- Sufficient Interest of Petitioner
- Sufficient Connection of Petitioner with the Jurisdiction
- Dissolved Foreign Corporations
- Legislation Applied to Unregistered Companies
- Scope of other Company Insolvency Procedures
- Bank and Building Society Insolvency
- Part A1 Moratorium
- Voluntary Arrangement
- Schedule B1 Administration
- Special Administration Regimes
- Introduction
- Water industry special administration
- Protected railway companies: railway administration
- Administration for building societies
- PPP administration
- Air traffic administration
- Energy administration
- Bank administration and building society special administration
- Investment bank insolvency
- Investment bank special administration
- Special administration (bank insolvency)
- Special administration (bank administration)
- Postal administration
- Energy supply company administration
- Health special administration
- FMI administration
- Housing administration
- Education administration
- Administrative Receivership
- Voluntary Winding Up
- Entities which cannot be Wound Up under IA 1986
- Introduction
- Company already being Wound Up by the Court
- Special Administration Regimes
- EEA Insurers
- EEA Credit Institutions
- EEA Investment Firms
- EEA Group Companies in Resolution
- Sovereign States
- International Organizations
- Illegal Associations
- Inchoate Companies
- Clubs
- Non-business Societies
- Societies with no Contractual Relationship between Members
- Trade Unions
- Unincorporated Trusts
- Solvent Partnerships
- Inherent Jurisdiction
- Allocation of Jurisdiction within the EEA and Switzerland
- Introduction
- Geographical Extent
- Jurisdiction over Winding Up on the Ground of Insolvency: Regulation (EU) 2015/848 before IP completion day
- Scope
- Jurisdiction over main, secondary and territorial insolvency proceedings
- Recognition of judgments
- Refusal of recognition for public policy reasons
- Companies to which the Regulation does not apply: insurance, banking and investment
- Companies to which the Regulation does not apply: COMI in Denmark or outside the EU
- Literature
- Jurisdiction over Winding Up on a Ground other than Insolvency: Regulation (EU) No 1215/2012, Brussels and Lugano Conventions
- Allocation of Jurisdiction between the UK and Gibraltar
- Allocation of Jurisdiction within the UK
- Companies Liable to be Wound Up under IA 1986
- Court Jurisdiction
- Registered Companies
- Building Societies
- Incorporated Friendly Societies
- Charitable Incorporated Organizations
- Unregistered Companies other than Insolvent Partnerships
- Insolvent Partnerships
- Partnerships
- Court of Appeal
- International Jurisdiction
- Meaning of ‘the Court’
- Transfer of Proceedings between Courts
- Effect of Proceeding in the Wrong Court
- Judges and Court Officers
- Effect of Order Made Erroneously or without Jurisdiction
- Time Limits, Notices and Service
- Formal Defects
- History
- History of the Legislation
- History of the Jurisdiction
- History of Court Jurisdiction
- 2 Presentation of a Winding-up Petition
- Preliminary Material
- Winding-up Petitions
- Circumstances in which a Winding-up Order may be Made
- Persons with Standing to Petition
- Need for Standing
- Standing in relation to any Registered or Unregistered Company
- Additional Standing in relation to Particular Types of Company
- Building Societies
- Incorporated Friendly Societies
- Insolvent Partnerships
- Collective Investment Schemes
- Company Subject to Existing Insolvency Procedure
- Territorial Proceedings
- Disputes about Standing to Petition for Winding Up
- Bank and Building Society Insolvency
- Permission, Consent or Prior Notice Required
- Purpose, Motive and Interest
- Purpose of Petitioner; Abuse of Process
- Motive of Petitioner
- Sufficient Interest of Petitioner; Companies without Assets
- Petitioner must have sufficient interest
- What constitutes a sufficient interest?
- Onus
- Petition costs not a sufficient interest
- Companies without free assets
- Absence of free assets and absence of any other interest
- Recovery of further assets by liquidator
- Representation of unsecured creditors’ interests
- Unsecured creditors’ interest: feeding a floating charge
- Injunction against Presenting a Petition
- Tortious Petitions
- Form and Contents of Petition
- Prescribed Forms of Petition
- Contents of Petition
- Prescribed contents
- Witness statement
- Reasons before IP completion day
- How to determine whether proceedings are main, secondary, territorial or non-EU proceedings
- Reasons from IP completion day
- How to determine whether proceedings are COMI proceedings, establishment proceedings or proceedings to which the EU Regulation as it has effect in the law of the United Kingdom does not apply
- Participant in a payment or securities settlement system
- Grounds
- Application
- Company struck off the register
- Verification of Petition
- Further Witness Statement
- Filing, Venue and Track Allocation
- Fee and Deposit
- No Undertaking as to Damages
- Court Files
- 3 Between Presentation and Hearing
- Preliminary Material
- Service of Petition
- Service on the Company Sought to be Wound Up
- General rule
- Service on solicitor
- Service of petition to wind up a registered company
- Where service at registered office will not bring the petition to the company’s attention
- Service of petition to wind up unregistered company
- Overseas companies
- Alternative service
- Service outside the jurisdiction
- Verification of service
- Service at the wrong place
- Application for a bank or building society insolvency order
- Copies of Winding-up Petition for other Persons
- Notice of Petition
- Copies of Bank or Building Society Insolvency Application for other Persons
- Service on the Company Sought to be Wound Up
- Restraint of Gazetting and Striking Out
- Starting other Insolvency Procedures after Presentation of a Winding-up Petition
- Publicity for Petition
- Certificate of Compliance
- Permission to Withdraw a Petition
- Notice of Appearance
- Company’s Evidence in Opposition
- Substitution of Petitioner
- Amendment of Petition
- Further Information and Disclosure
- Security for Costs
- Petition against Member of Insolvent Partnership
- Inordinate Delay and Negligence
- Applications in Insolvency Proceedings
- Protecting a Company’s Property while a Winding-up Petition is Pending
- 4 Appointment of a Provisional Liquidator
- Preliminary Material
- Purpose of Appointment
- Function of a Provisional Liquidator
- Effect on Company Governance and Contracts
- Effect on Litigation
- Effect on Part A1 Moratorium
- Effect on Administration
- No Deemed Insolvency; Opening of Insolvency Proceedings
- Is a Provisional Liquidator a Liquidator?
- Provisional Liquidator as Insolvency Practitioner in EU Regulation
- Applying for Appointment
- Changes in Practice
- Who will be Appointed
- When an Appointment will be Made
- Winding-up Order is Likely to be Made
- Application Supported by the Company
- Application not Supported by the Company
- Order of Appointment
- Remuneration and Expenses
- Functions and Powers of a Provisional Liquidator
- Effect of Administrative Receivership
- Vacation of Office
- 5 Hearing the Petition and Making the Order
- Preliminary Material
- Judge
- Who may be Heard
- Right to be Heard
- Petitioner
- The company: professional representation
- The company: non-professional representation
- Persons capable of being parties
- Examples of persons the court has refused to hear
- Secured creditors
- The company’s insolvency office-holder
- Contributories
- Contributories’ petitions
- Financial Conduct Authority and Prudential Regulation Authority
- Insolvent partnerships
- Bank or building society insolvency application
- Notice of Appearance or Permission to be Heard
- Security for Costs
- Right to be Heard
- Evidence
- Orders the Court may Make
- Orders Available to the Court
- Winding-up Order
- Discretion whether to Make an Order or Not
- Juridical Classification of a Winding-up Order
- Dismissal of Petition
- Adjournment
- Interim or other Order; Alternative Remedies
- Appointment of a Liquidator
- Company Already Subject to an Insolvency Procedure
- Application to Commence another Insolvency Procedure
- Administration Applications
- Petitions and Applications for Special Administration Orders
- Petition or application pending for special administration order
- Contents of administration application and service on winding-up petitioner
- Treating a winding-up petition as an application for a special administration order
- Treating a special administration application as a winding-up petition
- Dismissal of winding-up petition on making a special administration order
- Concurrent Petitions against an Insolvent Partnership and One or More Members
- Costs
- Parallel Petitions
- Notice to Official Receiver and Perfection of Order
- Public Notification of a Winding-up Order
- The Official Receiver, the Company, Companies House
- Official Notification
- Gazetting and Advertisement
- Notification in EU States
- Company’s Documents and Websites
- Building Societies, Incorporated Friendly Societies and Registered Societies
- European/UK Economic Interest Groupings
- Registered Social Landlords
- Insurers, Credit Institutions and Investment Firms
- Participant in a Payment or Securities Settlement System
- Public Notification of Dismissal of a Petition
- Commencement of Winding Up, Going into Liquidation etc
- Commencement
- Introduction
- Company not in voluntary winding up when petition presented and order not made on an administration application
- Commencement of voluntary winding up
- Company in voluntary winding up when petition presented
- Winding-up order made on administration application
- Coronavirus pandemic temporary provision
- While winding-up petition is pending
- Building societies
- Incorporated friendly societies
- Unregistered companies
- Open-ended investment companies
- Winding up under the supervision of the court
- Going into Liquidation
- Summary
- Commencement of Bank or Building Society Insolvency
- Becoming Insolvent
- Is Wound Up
- Commencement
- 6 Review of Orders
- Preliminary Material
- Correction of Slips
- Recall or Setting Aside of an Order Made on a Winding-up Petition
- Review, Rescission or Variation
- Power to Review, Rescind or Vary an Order
- Rescission of a Winding-up Order
- Appeal
- Stay
- Enactments under which Stay may be Ordered
- Effect of Stay
- Application for a Stay
- The Court’s Approach
- Stay in Favour of other Winding-up Proceedings
- Stay in Favour of Administration
- Stay when Voluntary Arrangement has been Approved
- Company in Voluntary Liquidation Resuming Business
- Wrongly Made Winding-up Order
- Making an Order to Stay
- Effect of Staying a Stay
- Discharge on Making an Administration Order
- Conversion of Secondary Winding Up
- Conversion of Investment Bank Winding Up
- History
- 7 Petitions by Creditors
- Preliminary Material
- Standing of Creditors to Petition and Circumstances in which they may Petition
- Nature of Creditors’ Petitions to Wind Up Insolvent Companies
- Function of Creditors’ Petitions which Allege Inability to Pay Debts
- Individual and collective remedy
- Focus on individual remedy
- Focus on collective remedy
- Unpaid creditor of a solvent company
- Unnecessary to try other means of enforcement
- Creditor petitioning for winding up and taking other proceedings to recover the debt
- Undisputed creditor may petition to force settlement
- Juridical Classification of Creditors’ Petitions Alleging Inability to Pay Debts
- Juridical classification of winding-up petitions
- Not a claim for payment of a debt
- Not execution or enforcement
- Not an action on a judgment
- Founded on, but not enforcement of, a contract under which the petition debt was incurred
- Means of obtaining payment
- Remedy
- Recovery
- Giving effect to judgment or order
- In respect of the creditor’s debt
- Function of Creditors’ Petitions which Allege Inability to Pay Debts
- Proof of Inability to Pay Debts
- Meaning of ‘Unable to Pay its Debts’
- Burden of Proof
- Methods of Proving a Company is Unable to Pay its Debts
- Registered companies
- Effect of coronavirus
- Section 123 creates six separate methods of proof
- Discretion whether to order winding up remains
- Location of full commentary on statutory methods of proof
- Is section 123 an exclusive definition of inability to pay debts?
- Unregistered companies
- Insolvent partnership: no concurrent petition against a member
- Insolvent partnership: concurrent petitions against one or more members
- Building societies
- Incorporated friendly societies
- Main insolvency proceedings in a foreign EU State
- Foreign main proceeding
- Statutory Demand
- Nature of Statutory Demand
- Form of Demand
- Method and Place of Service of Demand
- Type of Debt for which Demand may be Served
- Method of Compliance
- Reasonable Excuse for not Complying
- Error in and Dispute about the Contents of a Statutory Demand
- Withdrawal of a Statutory Demand
- Abuse of the Statutory Demand Procedure
- Setting Aside Statutory Demands
- Ban during Coronavirus Pandemic
- Unsatisfied Execution
- Cash Flow Test
- Balance Sheet Test
- Is Deemed Inability to Pay Debts Rebuttable?
- Which Creditors may Petition
- Meaning of ‘Creditor’
- Contingent and Prospective Creditors
- Dispute about the Existence of the Debt
- Jointly Owned Debts
- Assigned Debts
- Attached Debts
- Uncertainty of Amount of Claim or Time for Payment
- Small Debts
- Secured Creditors and Holders of Debt Securities
- Payment by Cheque
- Judgment Debts and Arbitration Awards
- Execution Creditors
- Taxes
- Unenforceable Claims
- Unprovable Claims
- Alternative Formulations of Claim
- Debt in Receivership
- Creditor Bound not to Petition
- Creditor Pursuing other Claims against Company
- Beneficial Interest in Trust Property
- Insolvent Partnerships
- Disputed Debt and Cross-claim Petitions
- Introduction
- Determination of Disputes about Petition Debts
- Treatment of Disputed Debt Petition at Substantive Hearing
- Adjournment of a Disputed Debt Petition
- Making a Winding-up Order on a Disputed Debt Petition
- Preventing Presentation or Continuation of a Disputed Debt Petition
- Principle
- Other ways of treating disputed debt petitions
- Solvency of company normally irrelevant
- Neglect to comply with statutory demand irrelevant
- Disputed amount or timing; partially disputed debt
- Cheque given for disputed debt dishonoured
- Costs
- Alternative basis for preventing presentation or continuation of a petition: improper pressure to pay a disputed debt
- Cross-claim against Petitioner
- Cross-claim greater than petitioner’s claim
- What the company must prove
- Test of substantiality
- Special circumstances: company not trading
- Special circumstances: company unable to pay petitioner’s costs of cross-claim
- Special circumstances: reverse cross-claim
- Special circumstances: judgment on petitioner’s claim
- Special circumstances: autonomy of petitioner’s claim (pay now, argue later)
- Special circumstances: company voluntary arrangement
- Special circumstances: company’s hands not clean
- Company’s cross-claim falls short of the petitioner’s debt by more than £750
- Mutuality
- Set-off
- Petitioner’s standing not affected by cross-claim
- Similarities between disputed debt and set-off
- History
- Substitution of a Disputed Creditor as Petitioner
- Wasted Costs Orders
- Substantiality of Ground of Dispute
- The test
- Evidence and onus
- The court’s task
- Alternative formulation of test: bona fide dispute
- Alternative formulation of test: company’s defence has no rational prospect of success
- Alternative formulation of test: analogy with summary judgment
- Alternative formulation of test: question to be tried
- Dispute must be rational
- Dispute must be about the company’s liability to the petitioner
- Dispute must exist now
- Playing for time
- Relevance of company’s solvency
- Relevance of other proceedings concerning the petitioner’s debt
- Judgment subject to appeal
- Stay of execution
- Going behind a judgment
- Default and consent judgments
- Relevance of creditor’s attitude to the debt
- Extreme examples of insubstantial disputes
- Effect of Coronavirus
- Sufficient Interest of Petitioner
- Exercise of Court’s Discretion
- Principles on which the Discretion is Exercised
- Opposition by Contributories or by the Company itself or its Directors
- Opposition by other Creditors
- Importance of other creditors’ views
- Principle on which discretion is exercised
- Carrying on the company’s business
- More advantageous realization of assets
- Administrative receivership preferred
- Voluntary winding up preferred
- Miscellaneous reasons for opposing a winding-up order
- Discounted views of creditors connected with the company
- Accepting the views of a minority opposed to a winding-up order
- Choice between Winding Up and Administration
- Company’s COMI in another Jurisdiction
- Interests of Employees
- Interests of the Public Revenue
- Payment of Petitioner’s Debt
- Company Member of Insolvent Partnership
- 8 Petitions by Contributories
- Preliminary Material
- Standing of Contributories to Petition and Circumstances in which they may Petition
- Nature of Contributories’ Petitions
- Which Contributories may Petition
- Definition of Contributory
- Registered companies
- Registered companies: members under 18
- Registered companies: joint members
- Registered companies: conditions relating to acquisition of shares
- Number of members reduced below two
- Original allottee
- Registered for six months
- Non-shareholding member
- Trustee shareholder
- Building societies and incorporated friendly societies
- Limited liability partnerships
- Charitable incorporated organizations
- Unregistered companies
- Partnerships
- Present Members
- Past Members
- Personal Representatives and Trustees in Bankruptcy of Members
- Transferor or Beneficial Owner of Shares
- Definition of Contributory
- Tangible Interest
- Alternative Dispute Resolution
- Grounds other than Just and Equitable
- The Just and Equitable Clause
- Principle
- The Court’s Approach
- Circumstances of the Company as they Affect the Petitioner
- Examples of Just and Equitable Winding Up on Contributory’s Petition
- Legislative Definitions of Circumstances
- Factors not Sufficient to Justify Winding Up
- Wrong done to company
- Need to investigate company
- Dispute which should be solved internally
- Feared future events
- Petitioner cannot get voluntary winding up
- Petitioner’s wish to be relieved of a bad investment
- Petitioner’s desire to realize investment
- Removal of petitioner from directorship
- Refusal to appoint petitioner a director
- Connection with another company sought to be wound up
- Change of company’s constitution
- Petitioner’s Interest in the Company
- Opposition of other Members
- Drastic Character of Winding Up as a Remedy
- Buying Out Petitioner
- Alternative Remedies
- Effect of petitioner’s failure to seek another remedy
- History
- Insolvent partnerships
- Ordering an alternative remedy
- Statutory powers to order alternative remedy on winding-up petition
- Striking out for failure to seek an alternative remedy
- Striking out for failure to seek unfair prejudice remedy
- Offer to buy petitioner’s shares
- Should the petitioner invite other members to buy shares?
- Other alternative remedies
- Relitigation of member’s complaints
- Literature
- Petitioner’s Contribution to the Situation
- Fraudulent Promotion
- Failure of Substratum
- Deadlock
- Constitutional and Administrative Vacuum
- Management and Conduct of Company: Oppression
- Principle
- Factors which Justify Winding Up
- Introduction
- Directors’ lack of probity
- Actions not in company’s interests
- Diversion of company assets
- Ignoring statutory safeguards for members
- Directors not providing information
- Oppression
- What amounts to oppression?
- Mere disagreement not enough
- Can a minority oppress the majority?
- Controller treating the company as their own
- Directors’ failure to take account of relevant matters in decision-making
- Just and Equitable Winding Up of Quasi-partnership Companies
- Recognition of Legitimate Expectations outside the Company’s Constitution
- Determining whether a Company is a Quasi-Partnership Company
- Partnership analogy
- Lord Wilberforce’s factors
- Members who do not take part in management
- Equality of shareholding not required
- Shareholders’ agreements
- Extension to different company structures
- Non-business companies
- Death of a quasi-partner
- Family company requiring mutual trust and confidence
- Companies that are not quasi-partnerships
- Canadian adherence to the partnership analogy
- Cessation of Trust and Confidence
- Exclusion from Management
- Failure of Substratum
- Pre-emption Rights
- Disregard of the Heir of a Member
- Principle Underlying the Substratum and Quasi-partnership Cases
- Miscellaneous Cases in which Winding Up may be Just and Equitable
- Alternative Unfair Prejudice and Winding-up Petition
- Procedure
- Applicable Rules
- Contents of Petition
- Filing
- Fee
- Fixing Return Day
- Service of Petition
- Directions
- Notice of Petition
- Certificate of Compliance
- Permission to Withdraw a Petition
- Substitution of Petitioner
- Notice of Appearance or Permission to be Heard
- Costs of Defending Petition
- Representation of Company
- Disclosure and Inspection of Legal Advice to Company
- Use of Investigative Material in Evidence
- Consent Order
- Petitioner’s Costs of Successful Petition
- Public Offer of Securities by Private Company
- 9 Public Interest Petitions
- Preliminary Material
- Public Interest Petitions
- Winding Up in the Public Interest
- Secretary of State’s Decision to Present a Public Interest Petition
- The Court’s Approach to Public Interest Petitions
- Aspects of Public Interest Protected
- Protection from inevitable financial loss
- Money circulation schemes: pyramids, snowballs and lotteries
- Breach of regulatory requirements
- Deceitful or misleading selling to consumers
- Investor protection
- Deceitful selling to business customers
- Causing loss to the Crown
- Other reckless, dishonest or unsatisfactory business practice
- Advising or enabling clients to act unlawfully
- Abuse of insolvency procedure
- Companies in or Preparing for Administration
- Publicity for Public Interest Petitions
- Third Party Costs Orders
- Other Petitions by the Secretary of State
- Particular Types of Company: Winding Up in Public Interest
- 10 Company Subject to Another Insolvency Procedure
- Preliminary Material
- Introduction
- Part A1 Moratorium
- Voluntary Arrangement
- Administration
- Schedule B1 Administration
- Special Administration Regimes
- Partnership Administration
- Conversion of Secondary Proceedings
- Default Rules of Recognized Bodies
- Administrative Receivership
- Receivership
- Lloyd’s Reorganization
- Voluntary Winding Up
- Voluntary Winding Up no Bar to Winding Up by the Court
- Standing to petition not affected by voluntary winding up
- Choice between voluntary and compulsory winding up
- Replacing voluntary liquidator a suitable alternative remedy
- Official receiver’s standing to petition
- Voluntary liquidator
- Literature
- Superfluous provision
- Validity of voluntary winding up
- Unregistered companies
- Building societies
- Incorporated friendly societies
- Creditor’s Petition
- Standing of creditors to petition
- No objection by other creditors
- Views of other creditors
- Majority opposing winding up by the court
- Need for investigation and doubts about voluntary liquidator’s impartiality: suitable alternative remedy
- Majority support for winding up by the court
- Former requirement to show prejudice to petitioner
- Contributory’s Petition
- Public Interest Petitions
- Official Receiver’s Petition
- Other Petitioners
- Confirmation by the Court
- Voluntary Winding Up Subject to Supervision of Court
- Voluntary Winding Up no Bar to Winding Up by the Court
- Company being Wound Up by the Court
- Bank Insolvency
- Office Holders as Creditors
- Insolvency Procedures Elsewhere in United Kingdom
- Insolvency Procedures outside United Kingdom
- Assisting Foreign Courts: Common Law
- Assisting the Courts of Relevant Countries and Territories
- Jurisdiction to Wind Up a Company being Wound Up outside the United Kingdom
- Main Proceedings in Foreign EU State (apart from Denmark)
- Great Britain Version of the UNCITRAL Model Law
- Foreign Representative’s Standing to Petition
- Recognition of a Foreign Proceeding
- Foreign Winding-up Application and Related English Proceedings: Election
- 11 Other Petitioners
- 1 Jurisdiction, Sources and General Rules
- Further Material
- [44.192.79.149]
- 44.192.79.149
