Preparing a winding up petition is a technical legal exercise. It is not simply a debt demand. The document must comply strictly with the Insolvency Act 1986 and the Insolvency (England and Wales) Rules 2016.
If the petition is drafted incorrectly, it may be dismissed. In some cases, the creditor may face a costs order.
For that reason, preparation is one of the most critical stages of the entire insolvency process.
This guide explains what must be included in a winding up petition, what supporting evidence is required and how the petition is formally presented to the court.
At a glance
- A winding up petition must comply with the Insolvency Rules 2016.
- The debt must be at least £750 and undisputed.
- A supporting witness statement verifying the petition is required.
- A search should be conducted to confirm no existing petition is in place.
- The petition must be filed online with the court together with the Official Receiver’s deposit.
What must a winding up petition contain?
The Insolvency Rules set out specific information that must appear in the petition.
In practical terms, the petition must clearly identify:
- The creditor bringing the petition
- The company against which it is presented
- The amount and nature of the debt
- The legal ground relied upon
- The basis on which the company is said to be unable to pay
The most common ground is that the company is unable to pay its debts under section 123 of the Insolvency Act 1986.
Where a statutory demand has been served, this must be stated. If the petition relies on non-payment of a judgment debt, that must also be properly referenced.
Accuracy matters. Incorrect company details, misdescribed debt figures or missing statutory elements can invalidate the petition.
You can read more about the statutory threshold in our guide on the minimum debt for a winding up petition.
The supporting witness statement
A petition must be verified by a supporting witness statement containing a statement of truth.
This document confirms:
- The debt is due and payable
- The company is insolvent
- The factual basis relied upon
- That the petition complies with the Insolvency Rules
Where multiple creditors are involved, each debt must be verified separately.
If more than four months have passed since service of a statutory demand, the delay must be explained.
The witness statement is not a formality. It is evidence placed before the court. If it is defective, the petition may fail.
Should you check whether another petition already exists?
Yes.
Only one winding up petition may proceed at any given time against a company.
Before drafting and issuing a petition, it is sensible to conduct a search of the Companies Court central index to confirm that no other petition has already been presented.
If another petition is in place, issuing a second petition will waste time and cost.
A London Gazette search may also be necessary to determine whether a petition has already been advertised.
How is the petition issued?
The petition must be filed with the court online.
Paper filing is no longer accepted. The court will not issue the petition unless the required Official Receiver’s deposit has been paid.
The court will:
- Fix a hearing date
- Seal the petition
- Return sealed copies for service
You can read more about the court fees and deposit in our guide on winding up petition costs.
What are the court fees?
To issue a petition, the following must be paid:
- Court issue fee (currently £302)
- Official Receiver’s deposit (currently £2,600, of which £2,550 is refundable if no winding up order is made)
The deposit is required because, if a winding up order is made, the Official Receiver must immediately take control of the company and begin investigations.
Understanding the refundable element is important when assessing commercial risk.
Why careful drafting matters
Preparing a winding up petition is not a mechanical exercise. It is a strategic decision.
If the debt is genuinely disputed, the petition may be dismissed. If procedural rules are not followed, the court may refuse to make an order.
Used correctly, a petition can be an effective insolvency enforcement tool. Used carelessly, it can expose the creditor to costs.
For broader guidance on when issuing is appropriate, you may wish to read our guide on winding up petition by creditors.
Speak to our team
If you are considering issuing a winding up petition, careful preparation at the outset can avoid delay, dismissal and unnecessary cost.
We prepare and issue petitions regularly through the High Court and relevant hearing centres across England and Wales.
Equally, if your company has received a petition and you believe it has been prepared incorrectly, early advice can significantly strengthen your position.
