The court has a number of choices in terms of orders to make at a winding up hearing. Whether you are the petitioner or the company on the receiving end of the petition, we can assist. It can be vital to get the right representation at court to avoid mistakes and costly unintended consequences.
Introduction
Winding up petition hearings normally take place once a week at a court. Many different winding up petitions will be listed for the same half day period – and the court itself is normally fully of barristers representing either the petitioner or the company who is facing a possible winding up. It can be a daunting place to be – but we can help arrange expert help with a good barrister to attend on your behalf if you need it.
What can happen at a winding up petition hearing
At the winding up petition hearing, the court has an number of options available to it:
- make the winding up order. If this happens – the company will officially be wound up and a liquidator appointed over it.
- dismiss the winding up petition. This can happen if the debt has been paid prior to the hearing and both sides are happy for it to be dismissed. Alternatively the Judge can dismiss it if there are procedural irregularities – for example it wasn’t served properly.
- adjourn (delay) the winding up petition until a later date. This is often as a result of an agreement between the petitioner and the company which is facing the petition – normally because they have reached an agreement to repay the debt over an extended period of time.
- make an interim order. This can be where the company alleges the debt is disputed – in which case the judge will give “directions” for the case to be listed for a full hearing and evidence exchanged in advance.
- make any other order as the court sees fit.
If a winding up petition is defended, the court are unlikely to make an order at the first hearing. It is likely that the hearing will be adjourned to a date one time in the future to allow the parties more time to put forward their respective cases.
It should be remembered that in the general winding up petition list, the court simply does not have sufficient time to hear detailed arguments from both the creditor and debtor, The case is likely to be adjourned to another date, where the court can take its time to consider the arguments put forward by both parties and to set a timetable for directions if necessary.
Our fantastic free winding up petition guide
To learn more about winding up petitions – you can read our fantastic Winding up Petition [2024 Guide] which covers all the different aspects of a winding up petition.
Our expert team of winding up petition solicitors at Francis Wilks & Jones are here to help. Contact one of our expert friendly winding up petition lawyers now for your confidential consultation.
If there was ever a star rating for law firms, Francis Wilks & Jones would score five stars plus. Professional and pro-active, they were able to understand my problem quickly, provide expert advice, outline a solution and put it into place with a successful outcome. I should have gone to them sooner.
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