LEXLAW Solicitors & Barristers
When a creditor serves a winding‑up petition, the company faces immediate risk of frozen bank accounts, compulsory liquidation and director investigation. This 2026 guide explains the UK winding‑up petition procedure step‑by‑step, from petition issue and London Gazette advertisement through to court hearings, potential rescue strategies and the consequences of a winding‑up order for directors and stakeholders.
CPR Part 36 is a powerful tactical mechanism within the Civil Procedure Rules that can dramatically shift litigation risk and costs. A compliant, well‑timed Part 36 offer can unlock indemnity costs, enhanced interest and Jackson uplifts for claimants, while giving defendants a crucial tool to cap exposure and force serious engagement with settlement.
Contrary to common belief, unpaid High Court & County Court judgments (CCJs) do not always become unenforceable after six years. With proper legal procedures and court permission, creditors can successfully enforce judgment debts many years old.
![McGuinness & Anor v Goldentree Financial Services PLC & Anor [2025] EWHC 870 (Ch)](https://lexlaw.co.uk/wp-content/uploads/McGuinness-Anor-v-Goldentree-Financial-Services-PLC-Anor-2025-EWHC-870-Ch-2-1080x720.png 1080w, https://lexlaw.co.uk/wp-content/uploads/McGuinness-Anor-v-Goldentree-Financial-Services-PLC-Anor-2025-EWHC-870-Ch-2-300x200.png 300w, https://lexlaw.co.uk/wp-content/uploads/McGuinness-Anor-v-Goldentree-Financial-Services-PLC-Anor-2025-EWHC-870-Ch-2-1024x683.png 1024w, https://lexlaw.co.uk/wp-content/uploads/McGuinness-Anor-v-Goldentree-Financial-Services-PLC-Anor-2025-EWHC-870-Ch-2-768x512.png 768w, https://lexlaw.co.uk/wp-content/uploads/McGuinness-Anor-v-Goldentree-Financial-Services-PLC-Anor-2025-EWHC-870-Ch-2-540x360.png 540w, https://lexlaw.co.uk/wp-content/uploads/McGuinness-Anor-v-Goldentree-Financial-Services-PLC-Anor-2025-EWHC-870-Ch-2.png 1536w)
McGuinness v Goldentree [2025] EWHC 870 (Ch) clarifies investment property loan exemptions under Article 61A FSMA 2000. The High Court struck out regulatory challenges to commercial development finance, confirming contemporaneous evidence establishes business purposes. The judgment reinforces that former directors lack litigation authority during administration without administrator consent. This decision protects legitimate commercial lending from spurious consumer credit challenges whilst emphasising robust documentation practices for development finance practitioners.
If you’re facing liquidator legal action backed by Manolete Partners (or other litigation funders), expert legal representation is essential. We specialise in defending clients against such claims. Our expert team provides strategic legal support to counter aggressive tactics and ensure the most optimal outcome is achieved by you in your case.
Funding Circle personal guarantees are under legal scrutiny, with a High Court case questioning their enforceability. Many business owners face enforcement actions following loan transfers to Azzurro Associates. This article explores the implications, risks, and potential legal defences available to guarantors.
Compulsory mediation is now mandatory for small claims under £10,000. Our litigation specialists are masters of ADR and regularly help clients navigate mediation in England & Wales.
English law Unfair Prejudice Petitions offer a remedy for minority shareholders facing oppression by the majority within a company. Where the prospect of winding-up proves undesirable, section 994(1) of the Companies Act 2006 provides an alternative avenue for seeking redress. At LEXLAW, our expert company law team specialises in navigating the complexities of shareholder disputes and unfair prejudice claims.