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Just and equitable winding-up petition struck out for failure to pursue alternative remedies and for rejecting fair offer to buy (Robinson v H.G. Robinson & Sons Limited)

Just and equitable winding-up petition struck out for failure to pursue alternative remedies and for rejecting fair offer to buy (Robinson v H.G. Robinson & Sons Limited)
Published on: 14 May 2020
Published by: LexisPSL
  • Just and equitable winding-up petition struck out for failure to pursue alternative remedies and for rejecting fair offer to buy (Robinson v H.G. Robinson & Sons Limited)
  • What are the practical implications of this case?
  • What was the background?
  • What did the court decide?
  • Case details

Article summary

Restructuring & Insolvency analysis: This decision highlights the dangers which parties face when seeking the ‘nuclear option’ of petitioning to wind up a company on the ‘just and equitable’ ground instead of petitioning under section 994 of the Companies Act 2006 (CA 2006). In this case, an unfair prejudice petition was deemed to be an alternative remedy not pursued by the petition. The decision to take this route and to reject a fair offer to buy made by the respondents led to the petition being struck out. Written by Phillip Patterson, barrister, at Hardwicke. or take a trial to read the full analysis.

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