Reviewed case brief

Baird v Lees

1924 SC 83

The Court held that where the substratum (fundamental purpose or object) for which a company was formed has gone — either because the object has been achieved, has become impossible, or the company is carrying on business wholly different from what was contemplated — it is just and equitable to wind

winding-upjust-and-equitablesubstratumfailure-of-object
Court
Court of Session (Scotland)
Year
1924
Subjects
Company Law
Reviewed
2026-06-30

Rule established

A company may be wound up on the just and equitable ground where its substratum (fundamental object) has failed or become impossible of attainment.

Facts

    Issues

      Held

        Ratio decidendi

        How to use it in an exam

        Editorial source

        1924 SC 83

        Educational summary only. Read the reported judgment or an authorised law report before relying on the case professionally.