Our Dispute Resolution Team’s Lee Silk and Chris Davis were recently successful in obtaining an injunction on behalf of a company client to restrain the presentation of a winding up petition in relation to an alleged debt by ex-clients of that company as Respondents to the application.
The Respondents asserted that a proprietary amount or liquidated debt arose meaning they were entitled to and would petition the company if the sums were not repaid. It was disputed that there was any basis for a petitionable debt and defended on the basis that there was a genuine dispute to the alleged debt.
The matter previously came before the Court in December 2024 in which the Respondents to provide an undertaking not to present a petition until the Application could be determined at a full hearing.
On 17 July 2025, HHJ Prentis KC heard the application and agreed with our position. An injunction was made to restrain the presentation of a petition, and our client was awarded its costs of the application on the indemnity basis.