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  • England and Wales: The High Court considers the meaning of a “genuine and substantial dispute” and a “genuine and serious cross-claim” in the context of a disputed winding-up petition debt

England and Wales: The High Court considers the meaning of a “genuine and substantial dispute” and a “genuine and serious cross-claim” in the context of a disputed winding-up petition debt

Barney Smedley, Douglas Highet and Meghan Bryson of Eversheds Sutherland share that the High Court recently reaffirmed a creditor’s ability to petition for winding up where a company’s claimed dispute lacks genuine and substantial grounds, highlighting the court’s scrutiny of tactical or unmeritorious defences.