Jurisdiction(s):
United Kingdom

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Key definition

Winding-up petition definition

What does Winding-up petition mean? A winding-up petition is the court application used to place a company into compulsory liquidation. It is the mechanism by which a creditor, the company itself, directors, shareholders (contributories) or certain regulators seek a court order to wind up the company. Across England & Wales and Scotland, the process is governed principally by the Insolvency Act 1986 and the insolvency rules; in Northern Ireland by the Insolvency (Northern Ireland) Order 1989; and in Ireland by the Companies Act 2014. The term appears in those statutes and related rules. Typical grounds include the company’s inability to pay its debts (subject to statutory debt...

Applications for injunctions restraining presentation or notice of winding-up petitions: disputed debts, procedure, urgency and costs (England and Wales)

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Practice notes

Opposing a winding-up petition

Establishing a debt

Serving a statutory demand is not a precondition to presenting a winding-up petition against a company. Long-standing authority confirms that a petition should not be brought where the petition debt is genuinely disputed on substantial grounds. It is likewise an abuse of process to attempt to deploy the winding-up court as a means of routine debt recovery (although, in Sell Your Car With Us Ltd v Sareen, the judge held that a creditor owed an undisputed sum is entitled to petition for winding-up). Consequently, a prudent creditor will usually serve a statutory demand before commencing winding-up proceedings to evidence an undisputed debt, unless a judgment debt has already been obtained. Under section 122(1)(f) of the Insolvency Act 1986 (IA 1986), the court may wind up a company that is unable to pay its debts. See Practice Note: Can you wind-up a company when the debt is disputed? for further reading on disputed debts and winding-up proceedings. See also Practice Note: Disputed statutory demands.

Injunction to restrain the presentation of or notice of a winding up petition...

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Web page updated on 21/05/2026

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