HomeFWJ TakeawayCompany rescueBusiness recovery and rescueWinding up petitions – the risk of doing nothing

Ignoring a winding up petition in the hope that it goes away is never a good idea. The creditor is highly likely to continue with the petition and as soon as it is advertised in the London Gazette, that can spell the end for the company. Our brilliant team deals with 100's of petitions and successfully resolves many of them. Let us help you.

If a company simply ignores a winding up petition, it is likely that the petition will proceed and the court will make a winding up order and the company will go in to liquidation.

The dangers of ignoring a winding up petition

Personal claims against former directors

Some directors believe that once a winding up order is made, this is the end of their involvement in the matter. This is not correct. It can in fact be the start of another lengthy process as the liquidator of the wound up company will investigate the company and is officers.

The ex-director will be expected to cooperate with those enquiries and ultimately, subject to the findings of the liquidator, the director may face one of a number of different liquidator claims against him/her personally depending on what went on in the company.

These could be as follows:

Therefore, when faced with a winding up petition, it is always best to not ignore it and at seek some legal advice as to the best ways to protect the company and also yourself if you are a director or involved in the management of the business. At Francis Wilks & Jones, we can assist you with this process.

Francis Wilks & Jones is the county’s leading firm of winding up petition solicitors. We are experts in what we do. Whatever your winding up petition enquiry, we can assist. 

One of the most astute appointments I have ever made.

A Company Director

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