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Company Law

Analysis - guidance - compliance

19 APR 2014

HARDING AND OTHERS v EDWARDS AND OTHERS

HARDING AND OTHERS v EDWARDS AND OTHERS
Chancery Division
Rose J
14 February 2014

ROSE J:
[1] The Petitioners are sisters and shareholders in the company Brand & Harding Ltd, the Fourth Respondent (‘the Company’). They bring this petition seeking an order winding up the Company on the grounds set out in section 122(1)(g) of the Insolvency Act 1986, namely that it is just and equitable that the Company should be wound up. The First Respondent, Mrs Edwards, is the older sister of the Petitioners and the Second Respondent, Mrs Janet Harding, is their mother. The Third Respondent is a trust set up under the will of Mr Bryan Harding, the father of the three sisters and late husband of Mrs Janet Harding. The trustees of the trust are Mrs Janet Harding, Mr Esmond Edwards (the husband of Mrs Edwards) and a solicitor Mr W A Wyers. Mrs Janet Harding suffers from dementia and Parkinson’s Disease and there is a Deputy appointed by the Court of Protection, Mr Kambli, to look after her interests. He has also been appointed as her litigation friend for the purposes of these proceedings but has played no part in the action. Only Mrs Edwards, therefore, has actively opposed the winding up of the Company.

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