Show Summary Details
Company Law

Company Law (11th edn)

Alan Dignam and John Lowry
Page of

Printed from Oxford Law Trove. Under the terms of the licence agreement, an individual user may print out a single article for personal use (for details see Privacy Policy and Legal Notice).

date: 30 November 2023

p. 20711. Statutory shareholder remedieslocked

p. 20711. Statutory shareholder remedieslocked

  • Alan DignamAlan DignamProfessor of Corporate Law, Queen Mary, University of London
  •  and John LowryJohn LowryEmeritus Professor of Commercial Law, University College London and Visiting Professor of Commercial Law, University of Hong Kong


Titles in the Core Text series take the reader straight to the heart of the subject, providing focused, concise, and reliable guides for students at all levels. This chapter deals with statutory remedies available to aggrieved minority shareholders, particularly their right to seek relief through a winding-up order on the just and equitable ground. It first considers the classic case of Ebrahimi v Westbourne Galleries Ltd (1973), which addressed the scope of the court’s jurisdiction under the just and equitable ground, and presents illustrations of the grounds which will support a petition under s 122(1)(g) of the Insolvency Act 1986. It also examines the issue of whether the principles promulgated in Ebrahimi extend beyond the statutory context of just and equitable winding-up by focusing on the case of Clemens v Clemens Bros Ltd (1976). In addition, the chapter gives examples of unfair prejudice, explains locus standi and procedural aspects of s 994 of the Companies Act 2006, and looks at other specific statutory rights available to aggrieved minority shareholders. Finally, it explains the Law Commission’s proposed reforms for the unfair prejudice provision.

You do not currently have access to this chapter

Sign in

Please sign in to access the full content.


Access to the full content requires a subscription