Winding Up Petitions in times of Coronavirus (COVID-19)

Articles

27/03/2020

If you have a pending Winding Up Petition at this time, or were contemplating issuing one, this note looks at how the courts are dealing with Petitions in light of the recent government guidance to the public and practice directions for the legal professions.

Those who are familiar with the general winding up list will recognise that a weekly court with multiple barristers, solicitors, company directors, court staff and an Insolvency and Companies Court Judge –  often totalling in excess of 50 people is clearly not consistent with current social distancing guidelines.

The court ‘sat’ for the first time since restrictions were imposed on Wednesday of this week (25/03).  Notwithstanding the Practice Direction on remote working (https://www.judiciary.uk/wp-content/uploads/2020/03/Civil-court-guidance-on-how-to-conduct-remote-hearings.pdf), it was not considered possible to effectively deal with this list remotely.

As such Insolvency and Companies Court Judge Mullen adjourned off all 306 Petition hearings, in batches to dates 12 – 19 weeks in the future.  With no obvious online/remote substitute for the general winding up list it is not difficult to envisage the same approach being taken in coming weeks.

Provision was made in ICC Judge Mullen’s order for Petitions to be dismissed on the basis of paper applications to be listed in a general dismissal list to be established via Skype (or similar alternative), and the provisions for Petitions to be withdrawn following an application on paper remains.

As for future petitions, it is being reported that the Government is considering a moratorium on the issuing of Petitions to assist struggling businesses in the face of the impact of Coronavirus:

https://www.cityam.com/government-to-push-through-insolvency-reforms-as-coronavirus-crisis-bites/

https://news.sky.com/story/coronavirus-ministers-race-to-reform-insolvency-laws-11963361

Those contemplating issuing a Petition may wish to do so promptly to avoid the risk of a moratorium biting that prevents further Petitions being issued. Alternatively if you are dealing with an extant Petition which you wish to have dismissed or withdrawn, members of 1 Chancery Lane are available to assist with navigating these processes. Simply get in touch here.

 

Latest News & Events

The Dekagram: 20th May 2024

We trust that our readers have been enjoying the Spring sunshine; the team have spent their time in the sun wisely, reading cases so you don’t have to. First we noted a decision which considers the interplay between English and Scottish guardianship; secondly we read…

The Dekagram: 13th May 2024

Last week brought the news that the Australian airline Qantas and the Australian Competition and Consumer Commission have agreed to resolve their dispute over cancelled flights by asking the court to impose a $100 million fine, together with an undertaking by the airline to pay…

Max Melsa appears in Court of Appeal in Re D (Children: Interim Care Order: Hair Strand Testing) [2024] EWCA Civ 498

Max Melsa represented the children, through their Children’s Guardian, in the first case to reach the Court of Appeal specifically dealing with the interpretation of Hair-Strand Tests in care proceedings. The appeal was made by the mother against the interim separation of three children from…

Subscribe to our mailing list

Deka Chambers: 5 Norwich Street, London EC4A 1DR

© Deka Chambers 2024

Search

Portfolio Builder

Select the expertise that you would like to download or add to the portfolio

Download    Add to portfolio   
Portfolio
Title Type CV Email

Remove All

Download


Click here to share this shortlist.
(It will expire after 30 days.)