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HELP! How to apply for an injunction restraining a winding up petition being issued


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Hello,

 

 

I hope someone can help me.

 

 

My Partners company has had a statutory demand issued against it.

 

 

We want to apply for an injunction restraining them from presenting a winding up order but do not know how to go about this/ what forms are needed.

 

 

There is a lot of advice on the net for individuals but not for companies and the process is different.

 

 

Any advice would be appreciated.

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Hello,

 

 

I hope someone can help me.

 

 

My Partners company has had a statutory demand issued against it.

 

 

We want to apply for an injunction restraining them from presenting a winding up order but do not know how to go about this/ what forms are needed.

 

 

There is a lot of advice on the net for individuals but not for companies and the process is different.

 

 

Any advice would be appreciated.

 

No need for an injunction : go to court and oppose the SD, getting it set aside, if the monies aren't owed.

 

If the money is owed : on what basis would you seek the injunction?

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There is currently an appeal ongoing to set aside the Judgment in question.

 

 

Regardless of the appeal, I understand they can still take enforcement steps in the meantime as the Judgment has not yet been stayed by the Court.

 

 

We just don't know how to go about the injunction.

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There is currently an appeal ongoing to set aside the Judgment in question.

 

 

Regardless of the appeal, I understand they can still take enforcement steps in the meantime as the Judgment has not yet been stayed by the Court.

 

 

We just don't know how to go about the injunction.

 

So there is a CCJ that is the basis for their SD?

You mentioned that in your other thread but not in this one .... One of the hazards of starting multiple threads and having variations of the details between them .......

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Insolvency law does not specifically cover an application by a company to set aside a statutory demand. However, any person has the right to defend legal proceedings, so a company can apply to stop the process.

 

If your company has a valid defence to the demand, it can apply to the court to stop the creditor presenting a winding-up petition. You should seek legal advice before applying to the court.

 

If your company succeeds in its application to stop the creditor presenting a winding-up petition, the creditor will have to pay the hearing costs. If the application fails, you will have to pay them.

 

Regards

 

Andy

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