Stuart Hornett and Sarah Walker successfully represented the Respondents in the Court of Appeal in the matter of Tarlochan Singh Badyal v (1) Malkiat Singh Badyal (2) Santokh Singh Badyal (3) Paramount Powders (UK) LTD. The Court of Appeal found that the judge properly directed himself as to the law to be applied when considering a just and equitable winding up under s.122 of the 1986 Act, that there was no flaw in his evaluation of the facts and there was no other error of principle.
In the premises the late Mr Justice Carr’s decision to refuse a just and equitable winding up in circumstances where all the parties agreed there had been a breakdown of mutual trust and confidence between them but the findings of fact showed that that breakdown was the result of the Applicant’s conduct, was upheld.
The full judgment can be found here.