Podcast Location:
Download it here [file size: 19.8 MB]
Categories:
Corporate & Commercial Law
Insolvency & Restructuring
Litigation & Dispute Resolution
Settlement
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:
  • Understand the terminology around winding up petitions;
  • Be aware of the criteria a creditor must satisfy before a petition can be presented;
  • Know what should be included in a letter of response;
  • Have considered the options available to a company facing a winding up petition;
  • Have considered the options available to a company when faced with an apparently valid creditor’s claim;
  • Know the sort of evidence the court would expect to see in support of an application to the court for injunction restraining presentation of the petition;
  • Understand the orders the court is able to make and the corresponding time frame in any winding up petition ;
  • Understand the procedure for an inter partes hearing;
  • Know how to make an application to restrain an advertisement.
Level:
General Interest Difficulty: 2 of 5
Classification:
Legal Principles
Sources and References:
  • Bill Hennessey Associates Ltd, Re [1992] B.C.C. 386 (Ch D (Companies Ct);
  • Civil Procedure Rules, PD 49B;
  • Insolvency Act 1986, s127;
  • Insolvency Rules, 4.11;
  • Lakehouse Contracts Ltd - V - UPR Scaffolding Ltd (Unreported).
Tags:

In this podcast Eleanor Holland of 4 Stone Buildings explains how best to advise and represent a company which is subject to a winding-up petition and 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.

Date Recorded: 7th April 2014

NEW! TRANSCRIPT INCLUDED IN ADDITIONAL INFORMATION

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