Mercantile Barristers have extensive experience negotiating settlements in the wake of a Winding-Up Petition acting on behalf of companies and creditors. Our barristers can also continue to work towards a best-case resolution even where a settlement cannot be reached.
A Winding-Up Petition effectively asks the court to liquidate the company due to insolvency and, as such, is the most serious action that can be taken against a company. The impact of a Winding-Up Petition will be to stop a business from trading effectively, and if the petition has been advertised, it can do serious reputational damage.
Our approach to legal practice is always to articulate creative and value-adding solutions for clients whilst delivering timely, efficient, and affordable professional services. All clients conduct their affairs within a legal context, and Mercantile Barristers’ role is to advise on the conduct of their transactions and affairs in ways that avoid conflict and disputes.
Whether by adjudication, arbitration, or litigation, Mercantile Barristers members will adopt a firm, swift and decisive approach to achieve the best possible results for clients within the shortest time. We recognise that no two cases are the same, so we will adapt our style to suit the occasion.
Whether you are presenting or defending a Winding-Up Petition, specific requirements must be met, including that the total debt is £750 or more and has not been paid for 21 days.
It is a delicate process that requires swift action, particularly on behalf of a company that is presented with a Winding-Up Petition, which will have just 10 days to prevent the winding-up from being advertised.
Some things we can do include obtaining injunctions to preserve a company's status quo and obtaining the Validation Orders that may be required for company directors to access funds where appropriate.
It is the instrument a creditor uses to begin Insolvency proceedings where the party that owes the money is a company.