Just & Equitable Winding Up Petitions - The Process from Start to Finish

Introduction

Under Section 122(1)(g) of the Insolvency Act 1986 it is open to the court to wind up a company on just and equitable grounds where there has been a breakdown in mutual trust and confidence which is impeding the management of the company.

A just and equitable winding up petition is a different type of petition to a standard creditor’s petition.

It is a bespoke winding up petition designed to deal with shareholder disputes in a company.

This new virtual classroom seminar will explore the winding up process from start to finish, focussing solely on Section 122(g) of the Insolvency Act 1986.

It will look at who can present such a petition, considerations by the court, documentation required, and the likely timescales involved.

The session will also explore how the process has changed in recent years, recent case law and court decisions, and what steps creditors need to take to be ahead of the curve when it comes to winding up companies via this method.

It is suitable for legal professionals in the debt recovery field and would also be beneficial for other professional advisors specialising or working with commercial clients who may require advice on the winding up process and procedure.

What You Will Learn

This live and interactive course will cover the following:

• Who can present a petition based on just and equitable grounds?
• Grounds upon which a petition may be presented
• Circumstances in which equitable considerations arise
• Instances in which the court will not grant such a remedy
• Jurisdiction for winding up in the UK
• Relationship with unfair prejudice
• Recent case law

Recording of live sessions: Soon after the Learn Live session has taken place you will be able to go back and access the recording - should you wish to revisit the material discussed.