LEXLAW Solicitors & Barristers
Bringing an unfair prejudice petition under section 994 of the Companies Act 2006 involves strict procedural requirements at every stage, from pre-action conduct and the correct form of presentation through to interim injunctions, split trials and share valuation. This article explains the full procedure, the key strategic decisions involved, and why instructing specialist solicitors from the outset is essential to achieving a fair outcome.
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.
Sections 235 and 236 of the Insolvency Act 1986 impose powerful duties on company directors, officers, employees, and even third parties to co-operate with insolvency office-holders such as liquidators and administrators. Failure to assist properly during liquidation, administration, or bankruptcy can result in personal sanctions, court orders, fines, and even director disqualification.
A winding-up order places a company into compulsory liquidation and has immediate legal and financial consequences for directors, creditors, and employees. This guide explains what happens after a winding-up petition order is made, the role of the liquidator, and the key risks and options that follow.
A HMRC Time to Pay (TTP) arrangement lets businesses spread unpaid tax over manageable monthly instalments. In 2026, with HMRC enforcement increasing, well-prepared TTP proposals backed by financial evidence help avoid winding-up petitions, protect directors, and keep businesses trading.
This detailed guide explains the impact of compulsory liquidation. Early engagement with specialist insolvency and tax counsel is the most critical factor in minimising director exposure and defending or managing the process effectively. Our specialist solicitors and barristers are available to assist on a discounted fixed fee arrangement.
The High Court held that Paul and Joanne Rutter unlawfully reduced their directors’ loan account by £560,000 through a back-dated dividend and misapplied over £256,000 of company funds on their personal properties while Rut5 Ltd was approaching insolvency, breaching duties under the Companies Act 2006 and the Insolvency Act 1986.
The High Court ordered the former directors of Evershine Travel Limited (In Liquidation) to repay more than £1.4 million after treating company funds as their own and authorising unlawful dividends while the company faced a £17.58 million deficit to creditors. The case highlights the severe consequences for directors who breach duties owed under the Companies Act 2006 once a company approaches insolvency.
The High Court held that Ronojoy Nag was liable for misfeasance and breach of fiduciary duty after diverting company assets during insolvency, while his wife Amanda Nag was found liable for dishonest assistance and knowing receipt, ordering both to account for misapplied funds.
The High Court refused a summary judgment application by Sampson Coward LLP, a Salisbury-based law firm, over its handling of £2 million in escrow funds, allegedly misapplied while acting for connected parties, following assignment of the claims to litigation funder Manolete Partners.