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  6. A winding up order has been made against the defendant company. Can we proceed with a claim?

A winding up order has been made against the defendant company. Can we proceed with a claim?

We are acting on behalf of a claimant and have just been advised that a winding up order has been made against the defendant company. Can we proceed with our client’s claim?

Should your client wish to continue with the claim, you will have to apply to the court which made the winding up order for permission to continue with your client’s claim, giving notice of your application to the defendant. Following s130(2) Insolvency Act 1986, the court will then decide whether the claim should be continued and impose any terms it considers appropriate.

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Disclaimer: While every effort has been made to ensure the accuracy of the information in this article, it does not constitute legal advice and cannot be relied upon as such. The Law Society does not accept any responsibility for liabilities arising as a result of reliance upon the information given.

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