If you are a company and have been served with a statutory demand which is disputed - you might want advice on an urgent injunction to prevent the issuing of a winding up petition. Our brilliant team can help on these urgent applications.
Where the company has tried and failed to have the statutory demand withdrawn by consent or obtain an undertaking from the creditor not to proceed with the statutory demand – the only option left to avoid a winding up petition being issued if to seek what is called an injunction.
An injunction is a serious type of court application where one party (in this case the company which has received the statutory demand) seeks an order prohibiting or restraining the other party (in this case the creditor) from doing a particular thing (in this case prohibiting the creditor from issuing a winding up petition).
An injunction often needs to be made urgently. The application notice needs to be supported by a detailed witness statement setting out the grounds for the order sought. It needs to set out details such as the statutory demand debt claimed, the grounds the statutory demand is disputed and exhibit any correspondence passing between the parties prior to seeking the court order. Due to the complex nature of this type of application we would strongly advise you take legal advice.
If the injunction is obtained, then ordinarily the statutory demand creditor will have to pay the legal costs of the injunction which could run into many thousands of pounds.