Podcast Location:
Download it here [file size: 24.2 MB]
Categories:
Corporate & Commercial Law
Insolvency & Restructuring
CPD Points:
Up to 1 point. details »

Due to the difference in guidelines between the SRA and the Bar Standards Board, CPD points are awarded differently for Solicitors, Barristers and Legal Executives:

Regulated by the Solicitors Regulation Authority:
Listen and pass the quiz: Gain 1 CPD point (60 minutes)
Listen only, gain ½ a CPD point (30 minutes)

Regulated by the Bar Standards Board:
Listen and pass the quiz: Gain 1 accredited CPD point (60 minutes)

Regulated by ILEX:
Listen and pass the quiz: Gain 1 CPD point (60 minutes)
Listen only, gain ½ a CPD point (30 minutes)

Cost:
  • FREE
Length:
30 minutes of audio
(+ optional 5 minute online quiz)
Plays on Computer:
Yes Downloadable as MP3:    Yes
Contributor(s):
Course Aims:

This podcast aims to provide practitioners with a detailed explanation of how companies can respond to the threat and actuality of a winding-up petition brought against them. Injunction and Validation hearings are examined, including rules of evidence and the tests which must be applied. The podcast provides key suggestions as to which course of action may be most advisable according to whether or not the debt is disputed or whether the petitioning party is conducive to settlement.

Outcomes:
After completing the course you will:
  • Know the potential legal and economic ramifications of a petition being brought;
  • Be aware of some key legal armaments to be used in response to a petition;
  • Understand the tests used by the courts in deciding whether to award injunctions or validation orders;
  • Know what evidence should be adduced to an injunction hearing;
  • Be aware of the costs implications of bringing, resisting or seeking to strike out a petition.
Level:
Complex Difficulty: 4 of 5
Classification:
Practical Guide
Procedural
Sources and References:
  • RKO Pictures Inc v Cannon Screen Entertainment Ltd [1990] BCLC 364 (QBD);
  • Insolvency Rules 4.11; 4.15;
  • Bill Hennessey Associates Ltd, Re [1992] B.C.C. 386 (Ch D (Companies Ct));
  • s.127 Insolvency Act 1986;
  • Civil Procedure Rules, PD49B.

In this podcast Sharif Shivji of 4 Stone Buildings explains how best to advise and represent a company which is subject to a winding-up petition. The matters of how best to respond in the narrow time-frame and the means which can be used to put pressure on the petitioning creditor to withdraw are explained in detail. Further, the procedure for making applications for an injunction, or for a validation order, are set out.

Podcast Added: 8/12/2008

Podcast last reviewed: 2012-01-30

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