Defending A Winding Up Petition

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What to Do When You Receive a Winding Up Petition

You have taken the right first step by looking for expert legal help. Hallmark has the experience to get the best result from this situation.

Do not worry unduly on receipt of a winding up petition - There may well be options available to you to defend your position and prevent a winding up order from being granted, and if there are, Hallmark will find them. It's important to act fast to secure skilled legal representation and begin your defence.

Book a consultation and our expert lawyers will make a rapid and comprehensive assessment of your case and help you decide the most effective way of defending your company.

Would you like to find out more about how we can help you defend a winding up petition? Call US

0800 037 1305

Your Options Throughout
The Winding Up Petition Process

Hallmark Solicitors can support client businesses to get the best result at every stage of the winding up petition process, from the first threat to the final hearing.

The process outline below shows how we support you at each stage.

Injunction against presentation of a petition

Presenting a Winding Up Petition can have severe consequences for a company's reputation and survival. Swift action is required to respond to a statutory demand for debt and avoid the presentation of a Petition. Our firm can help dispute the debt through a counterclaim or a cross-claim. If the creditor is unyielding, a court injunction can be sought to prevent the Petition. In order to obtain the injunction, a solicitor should draft a comprehensive response letter highlighting reasonable grounds for dispute. Other options include requesting an undertaking from the creditor or applying to strike out the Petition as an abuse of process. Prima facie evidence of a genuine and substantial debt dispute is crucial for the court's consideration.

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Opposing a
winding up a petition

If faced with a winding-up petition, it is crucial to act swiftly to defend your company and prevent liquidation. Seeking professional legal assistance is recommended. To challenge the petition, you must have genuine and substantial grounds for dispute regarding the stated debt or a right of set-off equal to or exceeding the claimed amount. Procedural errors and delays can also be considered. The procedure involves filing a Witness Statement in Opposition, providing details of assets and debts to the court and the creditor, at least five business days before the petition hearing. Directors can represent the company at the hearing, but legal expertise is advised.

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Injunction against advertisement of a petition

The public advertisement of a winding-up petition can have severe consequences for your company, including frozen bank facilities and reputational damage. Taking immediate action to prevent the advertisement is crucial to protect your finances and company's reputation. Even after the petition is presented to the court, you still have the opportunity to apply for an injunction to restrain the advertisement. Our insolvency lawyers can assist in drafting your application and gathering the necessary evidence to challenge the public advertisement effectively. This includes demonstrating grounds for debt dispute, providing correspondence evidence, financial summaries, and common grounds for an injunction such as abuse of process or ulterior motives behind the petition.

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Validation order for unfreezing accounts

When a Winding Up Petition is presented and your company's assets, including bank accounts, are frozen, seeking a validation order from the court can help you continue trading. These orders allow the disposition of company property despite the winding-up order, which is typically prohibited. By obtaining a validation order, your company can trade or dispose of specific assets in a manner beneficial to settling the debt. The requirements for a validation order involve demonstrating solvency or proving that restricted trading will not prejudice the interests of the petitioning creditor. The application should include company details, the dispute background, financial information, and details of the dispositions or activities for which the order is sought.

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Negotiation
with creditors

We will advise, support and represent your business to achieve a successful outcome throughout the winding up petition process with our extensive knowledge of ever-changing insolvency rules. Instructing the specialist insolvency lawyers at Hallmark Solicitors provides a safe and beneficial route for companies at risk.
Courtroom negotiation is our forte, and our team will assist you in preparing your argument and requisite court forms to ensure you have the best chance of success at all stages.

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Opposing a Winding Up Order from HMRC

We will advise, support and represent your business to achieve a successful outcome throughout the winding up petition process with our extensive knowledge of ever-changing insolvency rules. Instructing the specialist insolvency lawyers at Hallmark Solicitors provides a safe and beneficial route for companies at risk.
Courtroom negotiation is our forte, and our team will assist you in preparing your argument and requisite court forms to ensure you have the best chance of success at all stages.

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Would you like to find out more about how we can help you defend a winding up petition? Call US

0800 037 1305

How Can Hallmark Solicitors Help You?

We will advise, support and represent your business to achieve a successful outcome throughout the winding up petition process with our extensive knowledge of ever-changing insolvency rules. Instructing the specialist insolvency lawyers at Hallmark Solicitors provides a safe and beneficial route for companies at risk.

Courtroom negotiation is our forte, and our team will assist you in preparing your argument and requisite court forms to ensure you have the best chance of success at all stages.

What Happens Next?

When you get in contact, we will respond within 24 working hours to book an initial consultation. This enables us to assess your situation and give you a thorough understanding of your options. These consultations come with no obligation but are very helpful to prospective clients.

From this point, progress depends on where you are in the process outlined above, as well as your situation and requirements. Find more specific information using the links above, or book a consultation. Either way, be assured that our experts will pursue the best possible outcome throughout.

Would you like to find out more about how we can help you defend a winding up petition? Call US

0800 037 1305