Mark Hubbard

This Practice Note considers the procedure for petitioning the court to make a winding-up order on the just and equitable ground, including preliminary considerations of funding and limitation issues, key procedural steps and practical considerations.

This Practice Note considers the statutory procedure of a winding-up petition on the just and equitable ground under section 122(1)(g) of the Insolvency Act 1986, what it is and when it can be used to protect minority shareholders’ rights. It looks at who can bring a petition, the companies against which a petition can be brought and the grounds for ordering a company to be wound up (including unfair prejudice). It also looks at the impact of the petitioner’s conduct (including delay) and the remedies available.

This Practice Note considers the key procedural aspects of pursuing a section 994 unfair prejudice claim (previously known as a section 459 petition), including funding, limitation, an outline of the procedure and costs issues, as well as some general practical considerations.

This Practice Note considers what an unfair prejudice claim or petition (a section 994 petition, previously known as a section 459 petition) is and when it should be used to protect a minority shareholder’s rights. It also gives examples of unfair prejudice and deals with the remedies available with reference to section 996 of the Companies Act 2006.