Thursday 17 March 2022

UK: England and Wales: public companies - 'equitable considerations' and shareholder remedies

Judgment was delivered today in Duneau v Klimt Invest SA & Ors [2022] EWHC 596 (Ch). While first instance, I note it here (rather quickly) because of the very interesting discussion it contains concerning the extent to which 'equitable considerations' can arise - for the purposes of just and equitable winding-up (section 122(1)(g) of the Insolvency Act 1986) and the unfair prejudice remedy (sections 994-996 of the Companies Act 2006) - in public companies. 

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