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5 Hearing the Petition and Making the Order

From: Applications to Wind up Companies (4th Edition)

Derek French
Edited By: Stuart Sime

From: Oxford Legal Research Library (http://olrl.ouplaw.com). (c) Oxford University Press, 2023. All Rights Reserved.date: 22 February 2024

The chapter observes the hearing of winding-up petitions and making orders. Winding up by the court involves a determination of a civil right within the meaning of the European Convention on Human Rights, art 6(1) (right to a fair trial). A winding-up petition is normally heard by an Insolvency and Companies Court (ICC) judge or a district judge. The court hearing a petition for the compulsory winding up of a company has a discretion to hear anyone who can assist the court, as advocate to the court. A foreign creditor has the same rights regarding participation in proceedings as creditors in Great Britain. On hearing a winding-up petition the court may, at its discretion, dismiss it, or adjourn the hearing conditionally or unconditionally, or make an interim order, or any other order that it thinks fit. The court may order the winding up of a company on application made by petition under IA 1986, s 124.

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