Southend United continue to face winding-up insolvency action brought by HMRC in the Companies Court. The petition was adjourned in November 2022 presumably for the club to make payment. Reportedly, there has been late payment of wages to players as well.
Need a second opinion on your insolvency litigation? Our specialist solicitors & barristers can help by assessing your case prospects and whether a winding-up petition is the right tool. We have highly experienced dual-qualified lawyers, so if our view is your case has limited merit or high risk we can advise you of the best strategy in our first meeting.
Maher’s point of view
Maher is of the view that it is easy to talk about the negative stuff all the time but you have to give credit to the players and the staff at the club. Maher stated that it is important to remember the good stuff around the place.
He also stated that the togetherness they have had within the changing room and within the club suggests something is going right. He said, “You don’t get to sixth in the league without that. We’re disappointed to have lost a couple of games but, on the bigger picture, look where we are. I think we’ll come stronger again in the New Year too when players are back and up to speed.”
Winding up Trouble
Southend United are still subject to a transfer embargo as a result of a winding-up petition submitted by HMRC, and some employees have yet to be paid for November.
“We want to focus on football, but we’re not oblivious to what’s going on,” Maher added. “The football club’s staff does an excellent job and works extremely hard. They’ve been fantastic with me since I became manager, and it’s such a close-knit bunch. We know it’s there, but we have to focus on football, and that’s all we have control over.”
How Can We Help you Oppose a Winding Up Petition?
Our specialist winding-up petition lawyers are experts in defending winding-up petitions. We can advise you as to the specific merits and demerits of your case and can assist you in opposing winding up petitions and negotiating with creditors. If your company has been issued a winding-up petition or statutory demand, you may be able to challenge that petition on the following grounds:
That the debt alleged in the statutory demand or petition to be owing is genuinely disputed on substantial grounds by your company; Your company has a genuine right of set-off against the creditor that exceeds the amount claimed in the statutory demand; or In certain other limited circumstances (for example such as jurisdiction, technical or procedural error or delay).
To oppose a winding-up petition, you will initially need to file a witness statement in opposition with the Court within five business days before the date when the petition will be heard by the Court (rule 7.16 of the Insolvency (England and Wales) Rules 2016). A copy of that witness statement will need to be provided to the petitioning creditor at least five business days before the hearing.
Your company is entitled to appear at the petition hearing so as to oppose the making of a winding-up order. It is a routine matter for companies to instruct solicitors and/or barristers to appear on their behalf at the hearing.
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Need a second opinion on your insolvency litigation? Our specialist solicitors & barristers can help by assessing your case prospects and whether a winding-up petition is the right tool. We have dual-qualified lawyers, so if our view is your case has limited merit or high risk we warn you in our first meeting.
Some firms offer free meetings with unqualified or junior lawyers but only after you’ve spent significant funds do you then get advice from a senior partner and/or barrister possibly suggesting that the case shouldn’t be pursued. We believe it is better to give accurate advice from experienced counsel from the outset.
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Legal advice is just one aspect of getting a solution. The most important thing is what you do with the legal knowledge about your case, how you present it to the other side and how you negotiate your way to the optimal legal settlement. Our lawyers are masters of strategically securing optimal financial settlement, often via winding-up petitions where carefully considered and advised as appropriate.
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