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Company Court & Winding-up

The Company Bench of the High Court Division handles the matters the Companies Act 1994 reserves to it, including winding-up. These are serious applications with serious consequences, and they are often used as leverage as much as remedy.

Companies Act 1994Company Bench, High Court Division
Office building with a padlock, an open ledger and a downward arrow, for company winding-up

Winding-up petitions in the Company Bench

We appear in the Company Bench in winding-up petitions, applications concerning the register of members, rectification, scheme and restructuring matters, and the statutory applications the Companies Act 1994 assigns to the court. We act for petitioners and for companies resisting.

Winding-up

A company may be wound up where it is unable to pay its debts or on other statutory grounds. For a creditor it is a powerful lever; for a company it is an existential threat that also freezes normal business. Because of that, many winding-up petitions are really about forcing payment, and they resolve before any order is made.

Defending a petition

A petition based on a genuinely disputed debt is an abuse of the process, and that is the usual first line of defence. Acting quickly matters, because advertisement of the petition alone can damage banking and trade relationships.

A winding-up petition should never be ignored, even a weak one. Once it is advertised, banks and suppliers react, and the commercial damage arrives long before any order does.

What helps

  • The demand or statutory notice relied on
  • The accounts and evidence of solvency
  • Documents showing whether the debt is genuinely disputed
  • The corporate records and filings

Where it is heard, and how long it takes

These matters go to the Company Bench of the High Court Division. Interim orders can come quickly, particularly on advertisement and on restraining dealings. A contested petition can run many months, and the commercial consequences usually bite well before the legal ones.

Illustration representing winding-up petitions
How we handle it
1

Assess solvency and the debt

We establish whether the debt is genuinely disputed and what the accounts show.

2

Act before advertisement

We move quickly to restrain or resist advertisement where the petition is improper.

3

Resist or press the petition

We conduct the hearing on the statutory grounds.

4

Negotiate the commercial outcome

Most of these resolve on payment or restructuring, and we drive that.

Commercial damage arrives before any order does.Book a Consultation

Read the free guides first

Most of what clients ask at a first meeting is answered step by step in our free guides. Read the ones below first; book a consultation when you want the chamber to act.

Common questions

A creditor is threatening to wind up my company over a disputed bill. Can they?

A petition founded on a genuinely disputed debt is an abuse of the process and can be resisted, but you must act quickly, ideally before advertisement, because the commercial damage comes early.

Is winding up a good way to recover a debt?

It is a powerful lever against a solvent company that simply will not pay, and it often produces payment. It is a poor route against a company with no assets. We advise on which situation you are in.

What happens to the company during the petition?

Dealings can be restrained and banking relationships are usually affected once the petition is known. That is precisely why early action matters.

When is a company treated as unable to pay its debts?

One ground under the Companies Act 1994 is a creditor’s written demand for an undisputed debt above the statutory minimum that the company fails to pay or secure within three weeks. A genuinely disputed debt is not a basis for winding up.

Act on a company court matter

Before advertisement does the damage. A written assessment costs nothing.

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