Following the making of a compulsory winding up order by the court
Produced in partnership with Eleanor Holland and Karl Anderson of 4 Stone Buildings
Following the making of a compulsory winding up order by the court

The following Restructuring & Insolvency guidance note Produced in partnership with Eleanor Holland and Karl Anderson of 4 Stone Buildings provides comprehensive and up to date legal information covering:

  • Following the making of a compulsory winding up order by the court
  • The Insolvency (England and Wales) Rules 2016, SI 2016/1024

This Practice Note sets out the consequences and effect of the making of a winding-up order by the court on a creditor’s winding-up petition.

The Insolvency (England and Wales) Rules 2016, SI 2016/1024

On 6 April 2017, the Insolvency Rules 1986 (IR 1986), SI 1986/1925 were revoked and replaced by the Insolvency (England and Wales) Rules 2016 (IR 2016), SI 2016/1024.

This Practice Note sets out the position from 6 April 2017. It does not necessarily reflect the position pre 6 April 2017.

A company winding-up is deemed to have commenced at the date of the presentation of the winding-up petition. However, a winding-up petition will not be treated as having been presented until the court fee and official receiver’s deposit have been paid: see the Practice Direction on Insolvency Proceedings 2018 (PDIP), para 9.3.1.

There is no longer a standard form for a winding-up order, but IR 2016, SI 2016/1024, r 7.20 (and with different requirements in IR 2016, SI 2016/1024, r 7.32 in the event that the winding-up follows the cessation of an administrator’s appointment or where there is a company voluntary arrangement (CVA) supervisor in relation to the company) lists the following requirements:

  1. identification details for the proceedings

  2. the name and title of the judge making the order

  3. the name and postal address of the petitioner

  4. the nature of the petitioner which entitles