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Just and equitable winding up: wound up?

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  • Scotland

Abstract

Scope of s.122 of 1986 Act permitting company to be wound up on grounds that it is just and equitable to do so, relationship with unfair prejudice remedy under s.459 of 1985 Act and implications of Guidezone decision. Mr Clark considers the provision for winding up on just and equitable grounds under s 122 of the Insolvency Act 1986 in the light of the English case Re Guidezone Ltd [2000] 2 BCLC 321, and asks whether this is the final nail in the coffin of an increasingly limited remedy.

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