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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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My company is in dispute over a £10,000 part of a £60,000 recruitment

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My company is in dispute over a £10,000 part of a £60,000 recruitment fee. After being unable to reach an agreement, the other side now say that they will issue a winding up order. Is that an appropriate first step for them to take and how should we respond to it if they do it?

Alex Watts : Hello my name is XXXXX XXXXX I will help you with this. Please note that I am a working Solicitor and may be on and offline as I have to attend Court and meet with clients, even at weekends. As such you may not get an instant response when you reply, but rest assured I will be giving your question my immediate attention upon return You do not need to wait here as you will get an email when I reply.
Alex Watts : They can try but you can apply to the court to set it aside on the basis there is a genuine dispute.
Alex Watts : Winding up orders are generally where there is a ccj or the debt is not disputed.
Alex Watts : The proper course of action is to issue a claim in the county court.
Alex Watts : Can I clarify anything for you about this today please?
Customer:

No that is exactly as required. Tjakns

Customer:

Thanks.

Alex Watts : Great. If I could invite you to rate my answer before you go today.
Alex Watts : If the system won't let you please do say.
Alex Watts : If you need further help please do say.
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Customer: replied 3 years ago.

Hi Alex, assuming they apply for a winding up order and we then applied (and succeeded) in having it set aside as you say, would they be liable for this element of the costs - no matter how the dispute was eventually resolved - on the basis that this was not the proper course of action?

If you succeed then they would be liable for your costs.

The application is heard in isolation to any trial.

Does this help?

Alex
Customer: replied 3 years ago.

Yes that is fine. Thanks.

Great, all the best,

Alex