Jurisdiction(s):
United Kingdom

Related legal acts

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...

Just and equitable winding-up petitions under IA 1986 s 122(1)(g): procedural guide to presentation, validation orders, directions, evidence, costs and court practice (England and Wales)

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Practice notes

This Practice Note sets out, in broad terms, the route for petitioning the court to obtain a winding-up order on the just and equitable ground. Depending on the court handling the matter, you may need to observe additional requirements—see the section below: Court specific guidance. For definitions and key expressions used in relation to a just and equitable winding-up petition, see Practice Note: Just and equitable winding-up—what it is and when to use it—Key terms encountered when applying for a winding-up on the just and equitable ground.

Preliminary considerations

The focus here is chiefly on procedure where a just and equitable winding-up petition is issued as a stand-alone claim. As this is comparatively uncommon, variations in approach between, and indeed within, courts may arise, for example when listing a petition for initial directions. A request to wind up a company on the just and equitable ground is sometimes pursued as an alternative claim within a section 994 petition (Alternative Claim), as discussed in Practice Note: Just and equitable winding-up—what it is and when to use it—unfair prejudice as grounds for just and equitable winding-up...

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Mark Hubbard

New Square Chambers

Mark is a barrister with a reputation as a litigator in commercial litigation, contentious trusts, civil fraud, company, insolvency, regulatory cases as well as advisory work in those fields. His practice has a substantial offshore and international element. Mark has particular experience of litigation in the Bahamas, the Isle of Man, Gibraltar, Guernsey, Jersey, Singapore and Switzerland and is praised by clients for his quick grasp of complex cases, and for the quality of his advocacy, advice, and client skills. ...

Web page updated on 21/05/2026

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