Q&As

A company has a share capital over £120,000 and is based outside of the London Insolvency District. To which court should the company present an application for an injunction preventing the winding up? Are there rules on which District Registry applications should be made to outside London?

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Published on LexisPSL on 15/04/2020

The following Restructuring & Insolvency Q&A provides comprehensive and up to date legal information covering:

  • A company has a share capital over £120,000 and is based outside of the London Insolvency District. To which court should the company present an application for an injunction preventing the winding up? Are there rules on which District Registry applications should be made to outside London?

Section 117 of the Insolvency Act 1986 provides that the High Court has jurisdiction to wind up any company registered in England and Wales where the share capital exceeds £120,000. Practice Direction on Insolvency Proceedings (PDIP), para 3 covers the distribution of business and provides that applications should be listed for an initial hearing before an International Chamber of Commerce (ICC) Judge in the Royal Courts of Justice (ie the Business and Property Courts in the Rolls Building) or a District Judge sitting in a District Registry.

PDIP, para 3.3 states that applications for an injunction pursuant to the Court’s inherent jurisdiction

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