Barristers4U Legal Guides

Insolvency And Winding-Up Petition Barrister Guide

Insolvency enquiries are often urgent and document-heavy. This guide helps organise the debt, dispute and hearing papers.

Debt And Demand Documents

The quote request should show the basis of the debt and whether it is genuinely disputed.

• Contracts, invoices, statements of account and payment history.
• Statutory demand, winding-up petition or bankruptcy papers.
• Evidence of service.
• Admissions, payment proposals or dispute letters.
• Any judgment, adjudication decision or settlement agreement.

Company Or Individual Position

The relevant facts differ depending on whether the enquiry is from a creditor, company, director or individual debtor.

• Company details, trading status and Companies House documents.
• Any insolvency practitioner correspondence.
• Evidence of solvency, cash flow or asset position if relied on.
• Any cross-claim, set-off or counterclaim.
• Any urgent business impact if a petition is advertised or heard.

Hearing And Outcome

A barrister can assess scope more quickly when the hearing date and requested outcome are clear.

• Date, court and type of hearing.
• Whether the petition is opposed, adjourned, dismissed or paid.
• Any draft witness statement or evidence in opposition.
• Settlement or payment plan proposals.
• Whether urgent injunctive relief is being considered.

Source/review note: insolvency procedure is specialist and deadline-sensitive. Check current Insolvency Rules, court practice and advertisement/service requirements before publishing procedural detail.