When is the deadline for company's affidavit in opposition to a winding up petition?
The catalogue records a 14 days period from The date on which a creditor's winding up petition was served upon the company (CWR Order 3, Part II). Not applicable to a contributory's petition or an Authority's petition, where the evidence timetable is fixed on the summons for directions under O.3 r.12(1)(f)-(g) and O.3 r.15(2)(b)(ii). This draft page remains free only until its source, worked example and limits are reviewed.
In preparation
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Calculation basis and source
- Period
- 14 days
- Trigger
- The date on which a creditor's winding up petition was served upon the company (CWR Order 3, Part II). Not applicable to a contributory's petition or an Authority's petition, where the evidence timetable is fixed on the summons for directions under O.3 r.12(1)(f)-(g) and O.3 r.15(2)(b)(ii)
- Counting
- The encoded calculator method must be independently documented before publication.
- Rollovers and holidays
- Holiday, closure and order treatment must be independently documented before publication.
This route remains in preparation until a pinpoint official source is recorded.
- Both filing and service must occur within the 14 days. The trigger is service of the petition on the company at its registered office, which under O.3 r.5(3) happens immediately after presentation, so in practice this deadline runs from presentation plus a day or two. The petitioner may then require any deponent to attend for cross-examination by serving notice 'at least 3 days