Don't be wound up by petitions.

Our City of London dual-qualified insolvency Solicitors & Barristers have dealt with hundreds of cases. For expert winding-up petition advice: ☎ 02071830529

Expert Insolvency & Winding-up Petition Lawyers

Our Lawyers Provide First-class Advice on Statutory Demands and Winding Up Petitions

We are leading experts specialising in insolvency proceedings. Our chancery solicitors and barristers have decades of experience in Insolvency and Winding-up Petition law and have advised on many hundreds of cases. Our in-house insolvency barrister has succeeded in leading cases including before the Court of Appeal. Our Senior Partner has worked at KMPG, Goldman Sachs and ING Barings and is dual-qualified as a Solicitor-Advocate and Barrister. Both lawyers have regularly appear on and manage Winding-up Petition cases and will be available to you at the outset in your first advice conference; when accurate legal advice matters the most in ensuring a sure-footed legal strategy going forwards.

Our experienced City of London solicitors and barristers regularly assist companies facing a HMRC winding up petition; individuals served a statutory demand; or creditors owed money and considering issuing a winding up petition

Company

25,158

Insolvencies (2023) +14%

Compulsory

2,827

Petition Orders (2023) +44%

Petition cost

£332 

Winding up Court fee (2024)

Min. Debt

£750

Debt Level to present petition

(Source: The Insolvency Service and the Ministry of Justice)

Your search for a solicitor in relation to debt recovery or to avoid a winding up order ends here. Our solicitor and barister team can guide you through the minefield of complex winding-up rules and procedure and help you manage the entire process. We have years of experience in negotiating with debtor companies and their solicitors as well as creditor, shareholder or director petitioners (in particular HMRC).

We regularly represent our client companies in the High Court/Companies Court and successfully obtain adjournments (i.e. to allow time to negotiate and settle or to defend a winding up petition). We also help companies to avoid having bank accounts frozen by preventing the advertisement of winding up petition notices or (if already advertised in the London Gazette) by obtaining a validation order from the Court to unfreeze the company’s bank accounts. We have a proven track record of delivering legal advice and legal solutions. We know exactly how to get the best results for your business

LEGAL CASE ASSESSMENT

Just fill out our simple enquiry form; it goes immediately to our litigation team in Middle Temple, London. You can also call our lawyers on +442071830529 from 9am-6pm.


Our ⭐⭐⭐⭐⭐ Client feedback:

Dual-Qualified UK Debt Lawyers

Our dual-qualified Solicitor & Barrister team assess your case at the outset and do everything professionally and by the book avoiding problems for you later on. We will quickly determine the merits and prospects of the claim and then also advise you on how to obtain an optimal outcome.

winding up petition solicitor london statutory demand insolvency company validation order debt demand collection owes money middle temple barristers court litigation legal advice
LEADING CITY LAWYERS

Qualified solicitors & barristers with leading insolvency & litigation expertise operating from Middle Temple Chambers.

authorised & Regulated
SRA Regulated

Unlike most debt collection agencies or unregulated claims companies, we offer legal advice regulated by the SRA and BSB

WARNING: DEBT RECOVERY AGENCIES

Debt recovery agencies that are not SRA authorised solicitors should be avoided as they are not lawfully entitled to manage a winding-up petition or any court litigation in the UK (an offence under the Solicitors Act 1974) and may engage in sharp practice both against their client and the other side for which you could be punished by the Court.

Check Your Insolvency Case ✔

We analyse your winding-up petition prospects. We deliver strategic legal advice at your first meeting. We get optimal legal results. Want a first or second opinion on your case? Click below or call our lawyers in London on ☎ 02071830529

WARNING – OBTAIN SPECIFIC GUIDANCE & ADVICE

The information on this website is not legal advice; you should always obtain specific advice on the circumstances of your case. Our Winding-up Petition Solicitors & Barristers provide specialist legal advice based on decades of expertise. Click here or call +442071830529 to get in touch. For regulatory reasons we do not take on low value cases nor provide free legal advice, information or guidance and our team cannot answer questions from non-clients.



Our Areas of Legal Expertise

We regularly undertake insolvency litigation in these core areas:

DEBT RECOVERY

Securing payment of unpaid debts for creditors, lenders & local authorities: pre-action collection; Court proceedings; judgment debt enforcement; statutory demands; winding up proceedings

VALIDATION ORDERS

Specialist Validation Order Solicitors in issuing s127 validation order applications for companies; representation at validation order hearings; dealing with creditors such as HMRC


Need advice from Specialist Insolvency Lawyers?

We can help to bring or defend a Winding-up Petition, obtain an Adjournment or Time to pay, deal with a Statutory Demand, apply for a Validation order or an injunction to stop a petition advertisement.

We are a specialist leading City of London law firm based in the Middle Temple Inns of Court adjacent to the Royal Courts of Justice, High Court and Companies Court.

We have the strongest possible record of success in dealing with numerous bankruptcy or winding up petitions and are regularly recommended to clients by leading accountants and leading insolvency professionals.

We advise company directors on the best course of legal and commercial action for the business (for example restraining advertisements, obtaining validation orders to unfreeze bank accounts, obtaining winding up petition adjournments and time to pay HMRC, defending winding up petitions).

We add value by recommending insolvency routes, where appropriate, such as Voluntary Arrangements (CVAs, PVAs, IVAs), Administration or other insolvency routes).


Download our guide to Compulsory Liquidation & Winding Up Petitions

The Company Director’s Guide on Insolvency


Our Insolvency team regularly provide market leading advice to directors of companies and limited liability partnerships. Our work has featured in KSA Group‘s Worried Directors Guide, including our authoritative guide on compulsory liquidation and winding up petitions.


Winding Up & Insolvency FAQs

Frequently Asked Insolvency, Petition and Stat Demand Questions

Can I set aside a statutory demand?

Yes, but it is imperative that you act promptly – you have in the first instance only 18 days as of right to apply to the Court for a set aside once you have received a Statutory Demand. Often the use of Statutory Demands is inappropriate and in some cases they can be set aside by the Court.

What does a winding up petition mean?

A legal class-action petition to the court via which a creditor owed over £750 can force an insolvent company into a compulsory liquidation in the interests of all creditors. The court will have a petition hearing to determine if the company is insolvent and if it determines so, will then order a winding-up. The Official Receiver or an Insolvency Practitioner will subsequently investigate and liquidate the insolvent company realising and distributing assets to the body of creditors including overdrawn directors loan accounts.

The process and purpose of winding up can be summarised as a process “to make equable and rateable distribution of all assets of a company … amongst all creditors of the company without favour or preference” (Ince Hall Rolling Mills Company Ltd v Douglas Forge Company).

On what grounds can a company challenge a winding up petition?

  1. The debt alleged in the demand to be owing is genuinely disputed on substantial grounds by the company.
  2. The company has a genuine right of set-off against the creditor which exceeds the amount claimed in the demand.
  3. In certain other limited circumstances (for example such as jurisdiction; company likely to become insolvent; technical or procedural error or delay).

Can I seek an adjournment of a winding up petition?

Yes. The first port of call would be to write to the petitioning creditor (in most cases HMRC) asking for an adjournment- the request would be more persuasive coming from a solicitor (we have liaised with HMRC many times).

If the petitioning creditor refuses then you need to ask the Court at the hearing for an adjournment. We have the necessary experience and legal knowledge of the circumstances in which the Court exercises discretion and can help to get your business an often much needed adjournment.

What is a malicious winding up petition?

A malicious winding-up petition is one that has been presented against a company for an improper or wrongful motive. A company that suffers a malicious petition can bring a Court claim for malicious prosecution against the petitioner.

I am a creditor. How do I recover an unpaid debt?

We are lawyers that specialise in recovering unpaid debts from individuals or companies so we know the best way to get your unpaid debts paid up quickly. This may involve Insolvency or Litigation proceedings.

To date, we have a 100% success rate and all of the petitions we have issued have been resolved in our client’s favour. This has also meant that the petitioned company or individual has paid our fees. Luckily for our clients this means instructing us to pursue their bad debts has ultimately recovered the sums owed plus interest with a refund of their legal costs.

What is a validation order?

Validation Orders are orders authorising the disposition of property made after the presentation of a winding-up or bankruptcy petition which would otherwise be void in the event of a winding-up or bankruptcy order being made.

A validation order will allow a company to continue to trade or perhaps dispose of a specific asset such as a property on the basis it has been determined these transactions are to the benefit of all creditors.

What are the consequences if a winding up order is made?

If a winding up order is made by the court, this will ordinarily signal the beginning of the end for the company. The following consequences occur automatically on the making of a winding up order against a company:

  • The Official Receiver becomes the liquidator of the company (section 136, 1986 Act).
  • The powers of the company’s directors cease (Measures Brothers Ltd v Measures [1910] 2 Ch 248).
  • The liquidator takes control of the company’s assets (section 144(1), 1986 Act).
  • Any disposition of the company’s property by anyone other than the liquidator is void (section 127(1), 1986 Act).
  • All company papers must state that the company is in liquidation (section 188(1), 1986 Act).
  • The winding up order operates as notice terminating the employment contracts of all the company’s employees, who are thereby automatically dismissed (Re Oriental Bank Corporation, MacDowall’s Case (1886) 23 Ch D 366).
  • There is a stay on the commencement or continuation of proceedings against the company except with the permission of the court (section 130(2), 1986 Act).

Insolvency and Winding-up News

UK Insolvency Legal News Articles from our team:

Companies Winding Up Cause List (10 July 2024)

ROLLS BUILDING BEFORE INSOLVENCY AND COMPANIES COURT JUDGE BURTON List updated: 9 July 2024 1:03pm JudgeTimeVenueTypeCase numberCase nameICC Judge Burton10:30amThe Rolls Building Court 15Winding Up PetitionCR-2023-005136Mersey Glaze LtdICC Judge Burton10:30amThe Rolls Building Court 15Winding Up PetitionCR-2023-006103The OM Group Corporation LimitedICC Judge Burton10:30amThe Rolls Building Court 15Winding Up PetitionCR-2023-006183Finepoint Estates LtdICC Judge Burton10:30amThe Rolls Building Court…

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Featherstone Rovers RLFC face Investec Winding-Up Petition

Featherstone Rovers, a historic rugby league club in West Yorkshire, is grappling with a winding-up petition filed by Investec Asset Finance Plc, threatening its future. This petition, if successful, could lead to the club’s compulsory liquidation, ending its storied legacy. Featherstone Rovers has faced a pattern of financial struggles, with nine winding-up petitions since 2014,…

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Injunction Win: Abusive HMRC Winding-up Petition Dismissed

HMRC faced defeat in a case involving a winding-up petition over £0.5 million. The company’s funds were frozen, preventing tax payment, yet HMRC still pursued the petition, later conceding and agreeing to pay significant costs. They also misled the company about delaying enforcement. The court ordered HMRC to refrain from further actions and dismissed the…

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Business and Property Courts Clarify Winding Up Petition Jurisdiction

HHJ Kramer’s ruling in The One Collection Real Estate Ltd v Insolvency & Law Ltd [2023] underscores the importance of selecting the jurisdiction with the closest links for winding up petitions, challenging the practice of centralising all cases in London. The case involved a dispute over a winding up petition against a company based in…

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Want legal advice on the merits of your case?

Our simple enquiry form goes immediately to our litigation team in Middle Temple, London. Call us on +442071830529 from 9am-6pm.

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