Specialist Court Representation

Court Applications & Petition Defence

When your company receives a winding-up petition, you’re confronting one of the most critical threats to business survival.

Femi Ogunshakin provides urgent, strategic court representation to protect your business and secure the breathing space needed for recovery.

30+

Years Tax Experience

100%

Former HMRC Inspector

24-48h

Emergency Response

THE CHALLENGE

Time-Critical Legal Action

Winding-up proceedings operate on extremely tight timescales. These proceedings can freeze bank accounts, destroy supplier relationships, and force immediate company closure—often within days. The actions you take in the first few hours can determine whether your business survives or fails.

LEGAL DEFENCES

Grounds for Disputing a Winding-Up Petition

If your company receives a winding-up petition, swift action is essential. The court will only dismiss or adjourn a petition if you can establish valid legal grounds.

Genuine Dispute of Debt

Demonstrate a real disagreement backed by evidence regarding your liability or amount owed.

Right of Set-Off

If the creditor owes you money that reduces the debt below £750 statutory minimum, whilst personal bankruptcy is £5,000.

Company Solvency

Provide evidence of financial health and ability to meet debts as they fall due.

Procedural Errors

Challenge petitions with technical defects or failures to comply with insolvency rules.

Expert Assessment & Court Representation

Femi provides expert assessment of your circumstances and robust court representation based on these key defences. Each case is evaluated individually to determine the strongest grounds for challenging the petition.

Gathering compelling documentary evidence
Preparing detailed witness statements
Presenting clear, persuasive arguments to the court
Preventing petitions where genuine commercial disputes exist

CRITICAL TIMING

Preventing Petition Advertisement

When a winding-up petition is advertised in The Gazette, it becomes public knowledge, triggering immediate and severe consequences for your business.

7-Day Critical Window

You typically have only 7 days from service of the petition before it will be advertised. Femi provides emergency response to secure injunctions preventing advertisement, protecting your business from immediate commercial collapse.

Consequences of advertisement include:

Immediate bank account freezing, preventing normal trading
Loss of supplier credit and withdrawal of essential services
Customer concerns leading to cancelled contracts
Reputational damage that persists even after successful defence

Urgent Injunction Applications

Making immediate applications to the court before the advertisement date, demonstrating genuine grounds to dispute and establishing disproportionate harm.

Creditor Negotiations

Negotiating directly with the petitioning creditor for undertakings not to advertise while the dispute is resolved.

Court Orders

Provide evidence of financial health and ability to meet debts as they fall due.

REVERSING ORDERS

Rescission Applications

A winding-up order is not necessarily the end of the road. If justified, a company can apply to the court to have the order rescinded or cancelled.

5-Day Critical Deadline

Applications for rescission must generally be made within five business days of the winding-up order. This extremely tight timeframe makes immediate action essential. Femi acts with extreme urgency to prepare and present rescission applications within this critical window, maximizing your chances of reversing the winding-up order.

Immediate Assessment

Rapidly assess whether you have grounds for rescission, review the winding-up order, and begin gathering evidence of changed circumstances.

Application Preparation

Prepare detailed witness statements, compile financial evidence, engage expert witnesses, and draft comprehensive court applications.

Court Filing & Service

File the rescission application at court, serve all relevant parties including the Official Receiver and creditors.

Court Hearing

Present compelling arguments demonstrating why the circumstances have changed sufficiently to justify rescinding the order.

Grounds for Rescission

The court will only rescind a winding-up order if circumstances are demonstrably different from when the order was made:

The debt has been paid in full since the order was made
Clear solvency evidence unavailable at the original hearing
New evidence showing the petition shouldn’t have been granted
Petitioning creditor has been paid or agreed to withdraw
Significant procedural irregularities at original hearing
Secured funding or refinancing resolves the insolvency

Clemens Raemy

“Femi has provided us (SaferTaxi Limited – www.safertaxi.com) with great, fast, accurate, creative help. Femi was asked to make sure our business model complies with the law and has written our very special terms & conditions.”
Co-Founder Herzsache

Why Choose Femi Ogunshakin

Proven Courtroom Experience

Femi has extensive experience appearing in court to defend winding-up petitions, secure validation orders, and pursue rescission applications. His courtroom advocacy is persuasive, technically precise, and commercially realistic—maximizing your chances of success.

Rapid Response When Time is Critical

Winding-up proceedings operate on extremely tight timescales. Femi’s practice is structured to provide emergency response, with applications prepared and filed within 24-48 hours when needed. This rapid capability can make the difference between business survival and failure.

Strategic Commercial Judgement

Femi combines legal expertise with commercial understanding, advising you honestly about your chances of success, the costs involved, and the strategic options available. You’ll always understand your position and make informed decisions.

Let’s have a chat, book a free call

Time is crucial when insolvency threats arise. If you’re facing insolvency litigation or require emergency financial relief, contact Femi Ogunshakin now:

Your first consultation is entirely free, confidential, and without obligation. Act immediately to secure your business’s future.

Book a free 30-minute call