Company Winding Up Hearing - Case Dismissed

[UK Contractor Accountant]

Where can I get a copy of Dismissal Notice following the Hearing?

HMRC, who petitioned, said the Dismissal Notice will go to the Registered Office but mentioned that it's anybody guess when this will turn up.

Suppliers have pulled the credit account as they got wind of the Hearing Date despite HMRC yanking the Gazette Notice before publication. Need to give suppliers copy of the Dismissal Notice but cant find this published anywhere.

 

[ChrisCallaghan]

Hi @UK Contractor Accountant

I feel like this is something I used to know, but I'm afraid I'm not sure.

@Lisa Thomas ? @Elliot Green ?

Has the petition actually been dismissed or adjourned? If dismissed, I'm sure it will usually be listed at The Gazette, but not sure on timescales.

If Lisa or Elliot aren't sure/don't comment, I'd suggest contacting the Solicitor to HMRC on 03000 589629 - you'll need a reference number which you can find on the petition notice.

If you're still struggling to get an answer, I can recommend a solicitor who specialise in insolvency law who may be able to assist.

 

[Lisa Thomas]

Google says this: "Details of a dismissed petition can be found in a notice of dismissal placed in The Gazette under Notice 2461. The petitioner is responsible for placing the notice, and it must be given as soon as possible after the dismissal"

 

[Elliot Green]

Should be Gazetted within 21 days of the hearing.

 

[Solvelaw]

unfortunately and in addition to the above, usually the court order should follow but you have to hard press the particular venue to get this out. Persistence pays off. If you can't get anywhere an slightly expensive route (not sure how much faster it is these days) to get transcript of the hearing.

 

[Michael Loveridge]

Should be Gazetted within 21 days of the hearing.

With the emphasis on "should". This rule is often ignored by Petitioning Creditors, so that notices of dismissal often don't appear.

If you can't get anywhere an slightly expensive route (not sure how much faster it is these days) to get transcript of the hearing.

This is a complete non-starter. Not only are transcripts extremely expensive, but they take ages to obtain.

A far better way of obtaining the notice is to search the-filing system that we use to file winding up petitions - https://efile.cefile-app.com/home. Use the `public search' facility.

The order dismissing the petition will be filed there by the court, usually within a couple of days. You may, as a lay person, have to register with e-filing in order to access it, but there's no expense involved, though there will be a small charge for a provision of the copy order.

 

[Solvelaw]

Michael for my own knowledge more than anything else, not been in this work for just under a decade, are there instances where these sorts of things don't make it to e filing or is it a given it has to be there?

 

[Michael Loveridge]

Michael for my own knowledge more than anything else, not been in this work for just under a decade, are there instances where these sorts of things don't make it to e filing or is it a given it has to be there?

If it's issued in the High Court then it will appear on the e-filing system. However, if the paid-up share capital is under £120,000 it's possible to issue a winding up petition in the County Court, which wouldn't appear on e-filing.

I've never issued in the County Court though, and I haven't seen any petitions issued there in the last few years, probably because the County Court system is a total and utter shambles.

 

[Elliot Green]

With the emphasis on "should". This rule is often ignored by Petitioning Creditors, so that notices of dismissal often don't appear.


This is a complete non-starter. Not only are transcripts extremely expensive, but they take ages to obtain.

A far better way of obtaining the notice is to search the-filing system that we use to file winding up petitions - https://efile.cefile-app.com/home. Use the `public search' facility.

The order dismissing the petition will be filed there by the court, usually within a couple of days. You may, as a lay person, have to register with e-filing in order to access it, but there's no expense involved, though there will be a small charge for a provision of the copy order.

The rule is mandatory; legislation says "must".

I would be surprised if normally the suggestion of further adverse costs for non-compliance wouldn't incentivise most petitioners to comply with some reasonable alacrity.

In any event, another way to cure this defect is for the company itself to Gazette a notice. It is relatively inexpensive.

 

[Michael Loveridge]

The rule is mandatory; legislation says "must".

I would be surprised if normally the suggestion of further adverse costs for non-compliance wouldn't incentivise most petitioners to comply with some reasonable alacrity.

In any event, another way to cure this defect is for the company itself to Gazette a notice. It is relatively inexpensive.

You're quite right, but it's a rule that's routinely ignored, and there appears to be no sanction for non-compliance. The petitioning creditor has no further interest in the matter once they've been paid off, and the company is hardly likely to want to re-advertise the fact that it's been subject to winding-up proceedings.

The Insolvency Lawyers Association actually recommended that this rule be abolished, but the recommendation was too much like common sense to be adopted.

 

[UK Contractor Accountant]

Thanks for the replies.

Tried the efile site & the Gazette but no records shown 3 weeks from the hearing date. Shambles!

Had to ring the Listing Officer in the end at the Rolls Building Business & Property Courts who promptly emailed over a copy of the Dismissal Notice.

 

[ChrisCallaghan]

Ridiculous that you've had to chase this given the massive impact it has on a trading company!