A summary checklist and timeline for the presentation, service and advertisement of a winding-up petition to the court by a creditor of a company registered in England or Wales

Copyright © 2025 LexisNexis
Produced in partnership with Chris Brockman of Enterprise Chambers and Claire Thompson of Enterprise Chambers
Checklists

A summary checklist and timeline for the presentation, service and advertisement of a winding-up petition to the court by a creditor of a company registered in England or Wales

Copyright © 2025 LexisNexis

Produced in partnership with Chris Brockman of Enterprise Chambers and Claire Thompson of Enterprise Chambers

Checklists
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The Corporate Insolvency and Governance Act 2020 contained provisions which, on a temporary basis, imposed significant limitations on the ability for a creditor to seek a winding-up order against a company. For the position pre-1 October 2021, see Practice Note: Corporate Insolvency and Governance Act 2020—temporary changes to corporate statutory demands and winding-up petitions [Archived]. For the position from 1 October 2021 to 31 March 2022 (including an increase in the amount required for a petition debt and the need for a creditor to give 21 days’ notice of its intention to present a winding-up petition), see Practice Note: Corporate Insolvency and Governance Act 2022—winding-up petitions from 1 October 2021 to 31 March 2022 [Archived].

Step/actionTime (days)Section/rule
Serve statutory demand
Draft statutory demand which must contain the information set out in rule 7.3 of the Insolvency (England and Wales) Rules 2016 (IR 2016),
Chris Brockman
Chris Brockman chambers

Enterprise Chambers

Chris practises in all areas of personal and commercial insolvency. He has been consistently recommended in Chambers UK for many years including for his "fantastic client supportiveness" and for his combination of "intellect and commercially savvy common sense." He is further "particularly praised for his "flexibility and responsiveness." One source adds "Nothing is ever too much trouble for him." He is viewed as an "innovative thinker and always thoroughly prepared." His practice areas include asset recovery on behalf of insolvency office holders, opposing and obtaining administration orders; compulsory winding up; freezing orders; wrongful trading/breach of directors' duties claims; 236 applications to examine directors and examination of directors; defending trustees against claims for negligence/breach of duty; Bankruptcy Restriction Orders. He acts for the Secretary of State on various applications, including Company Directors Disqualification proceedings and public interest petitions. In the recent past Chris had been involved in several high profile personal and corporate insolvency cases and is frequently instructed by HMRC in relation to complex applications including on a number of provisional liquidations. He has also successfully defeated challenges to several, including obtaining personal cost orders against directors. He is currently acting on several claims brought against insolvency office holders for alleged breach of duty.

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Claire Thompson
Claire Thompson

Barrister, Enterprise Chambers

Claire spent her first three years practicing from Enterprise Chambers’ London branch but has recently re-located to Enterprise Chambers’ Bristol branch. Claire continues to regularly appear in London, as well as now having an emphasis on work in Bristol and South Wales.

Since starting practice Claire has developed a broad commercial chancery practice in the above areas with a particular emphasis on any matter which involves a property or insolvency element allowing her to draw on her experience and expertise in these other areas.

She frequently appears in the County Court, the First-tier Tribunal and the High Court, on all manner of property cases (including possession proceedings, easements/restrictive covenants, adverse possession and service charges), insolvency matters (covering all manner of both personal and corporate, directors’ duties and other insolvency processes) and bank recovery proceedings (charges, mortgages, guarantees and indemnities).

Claire has extensive experience representing clients at mediation. She is also a CEDR accredited mediator and accepts instructions to act as mediator in disputes in any of the above practice areas.

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Jurisdiction(s):
United Kingdom
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