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Winding‐Up Petition

 

 

How much does this service cost?

No winding-up petition is ever the same and so our fees will reflect the particular requirements of your matter.  The figures quoted below are a guide only as the cost of your matter will depend upon many factors such as: the evidence needed, the complexity of the dispute, the nature of the defence(s) raised, whether any counterclaims are raised and level of involvement the client wishes to have.  That’s why we’ll always give you an individual cost estimate at the start of the transaction, taking into account the actual details of your matter.  We will always advise you immediately about any complication; and would fully discuss the potential consequences of that before any additional charges are incurred.

Our charges apply where your claim is in relation to an unpaid Statutory Demand or Letter Before Claim where enforcement action is needed.

Our charges will be calculated primarily by reference to the time spent on the matter, although other factors may be taken into account.  We can offer fixed fee pricing quotes on a case-by-case basis and are happy to provides quotes on that basis.  Our hourly rates vary depending on the experience of the fee earner but, typically, will be in the following ranges:

  • Trainee solicitors and paralegals:  £120-175+VAT per hour
  • Solicitors:  £195-£250+VAT per hour
  • Associate Solicitor: £250-£295+VAT per hour
  • Senior Associate:  £295-£325+VAT per hour
  • Partners:  £325-£395+VAT per hour

The cost can vary based on the complexity of the matter, the importance and urgency of the matter to you, and the skill, effort, specialist knowledge and responsibility involved in dealing with it on your behalf.  The time spent will be charged in units of one-tenth of an hour.

Cases are dealt with by legal staff with the most appropriate experience for the value and complexity of the case.  Typically, lower value, or less complex, cases are dealt with by legal staff with up to 5 years’ experience and higher value, or more complex, cases are dealt with by legal staff with 5 years or more experience.  These cases are generally supervised by a Partner or Senior Associate with at least 10 years’ experience.  The specific legal staff involved in your case will be confirmed at the time of instructing Ellisons.

A Winding Up Petition, following a Statutory Demand (see separate page for costs of Statutory Demand here) will typically involve the following costs:

  • Drafting the Petition: £1,500-£2,000+VAT
  • Process server’s fee for serving the Petition: £150-£200+VAT
  • Hearing of the Petition: £3,500-£6,000+VAT to include briefing Counsel, filing statutory notices required and attendance at the hearing
  • Counsel’s fee for the hearing: Typically £1,500-£4,000+VAT

VAT will be charged at an additional 20%.

The above are the key stages in this type of case.  The timescales vary on each case but generally the timescale from issuing a Winding Up Petition to the first hearing is 3 months to 6 months.  If the Winding Up Order is not made at the first hearing, additional costs will be incurred for further hearings and we can advise further on those potential costs as needed.

Disbursements:

In addition to our costs, you will need to pay certain disbursement costs, including Court fees and a deposit for the Official Receiver’s costs.  Typically, these are as follows:

  • Court fees:  Currently £302 (no VAT) and Court fees are published online and updated from time to time here.
  • Official Receiver’s Deposit:  £2,600 (no VAT)

As part of our fee we will:

  • Provide you with an experienced insolvency solicitor to work on your matter
  • Take your instructions and review documentation
  • Draft the winding up petition and arrange for service
  • Arrange for representation at the first hearing

 

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