Winding up petitions can become a matter of public record once they are advertised in the London Gazette. Before this - the petition is "unadvertised", but it is still possible the existence of it leaks out by other means. If you are served with a petition - it can be vital to act quickly to avoid the worst effects of it.
In theory it is possible for the general public to find out about a winding up petition before it is advertised in the London Gazette.
- the court maintains a register of winding up petitions which anyone can call to check to see whether a company has had a petition issued against it;
- the register is not however searchable externally and therefore you cannot simply ask the court to search for any company whose name contains a certain word or phrase;
- it is also possible for the general public to contact the court and then attend to check the court’s own records, documents on a court file are generally accessible to the public and anyone can inspect these with the court’s permission;
- it is possible for a debtor company to make an application to prevent disclosure of certain information which may form part of the winding up proceedings, without the court’s prior permission.
- Once advertised, the winding up petition does become common knowledge. If you are worried about this happening – our team can help you obtain what is known as an “injunction” to prevent the existence of the winding up petition being advertised in the London Gazette
- The day before the weekly hearing of winding up petitions, the court do publish a list of all winding up petitions in court the next day. This is known as the winding up petition daily cause list.
As there is a period of at least seven working days between the date of service of the winding up petition and advertisement in the London Gazette, it may be the case that anyone who is employed by a company which has been served with a winding up petition becomes aware of the winding up petition before formal advertisement.
In these instances, careful communication should be given to staff if the winding up petition is disputed, so as to not alarm staff about the possible risk to their jobs in the event the company is wound up.
To read much more about winding up petitions – read our fantastic free Winding up Petition [2024 Guide].
Our team of winding up petition solicitors at Francis Wilks & Jones are the best in the country. Whatever your enquiry, we can help. Our advice is fast, effective and highly cost effective. Contact one of our expert team of lawyers for a free 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.
A company director
