Don't be wound up by petitions.

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Expert Insolvency and Winding-up Petition Lawyers

Facing a Statutory Demand or Winding Up Petition?

We are leading experts specialising in insolvency proceedings. 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

Insolvency

17,439

Company insolvencies (2018)

Winding up

3,117

Winding-up court orders (2018)

Petition cost

£1,600

Winding up petition fee costs

Debt

£750

Debt owed for petition presentation

Your search for a solution in relation to debt recovery or to avoid a winding up order ends here. We can guide you through the minefield of complex winding-up rules and procedure and help your company to 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.


Instruct our professionals

Our dual-qualified Solicitor & Barrister team assess your case at the outset. We will quickly determine the merits and prospects of the claim and then also advise you on how to obtain an optimal outcome.

LEADING CITY LAWYERS
LEADING CITY LAWYERS

Qualified solicitors and barristers with insolvency knowledge & top litigation expertise operating from the only law firm in Middle Temple (Inns of Court).

insolvency specialists
insolvency specialists

Excellent record of setting aside statutory demands, opposing winding up petitions, securing adjournments, obtaining validation orders & debt recovery

authorised & Regulated
authorised & Regulated

Unlike debt collection agencies or unregulated claims management companies (CMCs), we give independent legal advice regulated by the SRA and BSB


Client Reviews

⭐ ⭐ ⭐ ⭐ ⭐ Genuine feedback from our clients:


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

STATUTORY DEMANDS

Set aside/challenge/issue statutory demands; experienced negotiators with debtors/lenders/creditors/agencies

VALIDATION ORDERS

Specialist Validation Order Solicitors in issuing validation order applications for companies; representation at validation order hearings; dealing with creditors (like 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 2018, including our authoritative guide on compulsory liquidation and winding up petitions.

The Company Director's Guide on Insolvency

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 winding up mean?

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 Court Winding Up List 16.10.19

Rolls Buildings Court 1 Before INSOLVENCY AND COMPANIES COURT JUDGE MULLEN Wednesday 16 October 2019 Robed At 10:30 AM CR-2018-010435 F&R GAS LTD CR-2019-002261 SAFFRON VENTURES LTD CR-2019-002769 BEECHBROOK LTD. CR-2019-002828 CANDUNS BUILDING COMPANY LIMITED CR-2019-003102 KEY ELECTRICAL SOLUTIONS LIMITED CR-2019-003173 ACQUISITION 395445638 LIMITED CR-2019-003282 VOLTECK LIMITED CR-2019-003690 Rentarena Limited CR-2019-003935 CIRCLE ASSET MANAGEMENT LIMITED…

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Companies Court Winding Up List 08.10.19

Rolls BuildingsCourt 1Before INSOLVENCY AND COMPANIES COURT JUDGE BARBER Wednesday 9 October 2019RobedAt 10:30 AM CR-2018-006057 RICHARD MICHAEL GANDY & BERLIANA GANDY T/A LONDON WATERLOO HOSTEL CR-2018-007083 Clarendon House Watford Ltd CR-2019-000831 ROCHESTER INVESTMENT PARTNERS CR-2019-002272 MAYBROSE LIMITED CR-2019-002901 DOORDECK LIMITED CR-2019-002951 COURTVIEW CONSULTANTS LIMITED CR-2019-002995 PROPVESTMENT DEVELOPMENTS LTD CR-2019-003159 DELTA FACILITIES LTD CR-2019-003175 ME…

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Companies Court Winding Up List 1.10.19

Rolls BuildingsCourt Room 1BEFORE INSOLVENCY AND COMPANIES COURT JUDGE BAISTER Wednesday 2 October 2019RobedAt 10:30 AM CR-2018-004643 The United Euro Bridge Limited CR-2018-004782 MBI & PARTNERS U.K. LIMITED. CR-2018-010660 GROW MANIA LIMITED CR-2019-000272 IRVINE BUILD LIMITED CR-2019-000784 KEILHILL CHILDREN SERVICES LIMITED CR-2019-002501 Hill & Standard Student Property Management Ltd CR-2019-002861 DICKIE BURSTON ASSOCIATES LTD CR-2019-002989…

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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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