Rogers and Norton Secure High Court Victory, Preventing Winding-Up Petition for London Client
Rogers and Norton’s Litigation Team recently handled a significant High Court case, securing an urgent order for their London-based client to restrain the advertisement of a winding-up petition, which ultimately led to the petition’s withdrawal. Although the claim was disputed, a petition was still presented, prompting the Rogers and Norton Litigation Team to step in.
We contended that the petition was an abuse of process in circumstances where the debt is disputed on bona fide and substantial grounds – or alternatively because there is a genuine and substantial cross-claim – and especially where the company is plainly solvent. It is well established that “[t]he court will grant an injunction to prevent presentation of a winding-up petition where it considers that the petition would be an abuse of process and/or that the petition is bound to fail (to the extent they are different)” (Coilcolour Ltd v Camtrex Ltd [2015] EWHC 3202 (Ch).
Our client was delighted with the outcome and the speed of securing the objective. Peter Hastings commented “The whole litigation team contributed in different ways and is another example of how our strong team can successfully manage complex cases and deal with urgent issues to protect our client’s business”.
Our dedicated Dispute Resolution Team has a wide range of experience in resolving legal disputes. If you are involved or anticipate being involved in a dispute, please contact Peter Hastings, Director, by emailing ph@rogers-norton.co.uk. We can analyse the situation, provide a risk assessment, advise you on your position and work with you to find the best way to move forward.