Portland Stone Firms Limited (Portland) sought to restrain the advertisement of a winding-up petition over disputed accountancy fees. The court dismissed the application, finding over £750 was indisputably owed, allowing the petition to proceed despite unresolved issues over the debt’s quantification.
Albert Goodman LLP (AG) (accountants to Portland) had unpaid invoices totalling £33,408. The invoices were raised pursuant to terms of engagement provided to Portland in 2022. Portland disputed the debt, arguing it was unliquidated and subject to challenge. The challenge was primarily based on the fact that fixed fee or minimum hours had been agreed.
The parties met in June 2023, and a payment plan was agreed, which AG claimed converted the debt into a liquidated sum.
The court considered whether the debt was genuinely disputed on substantial grounds and whether it exceeded the statutory threshold of £750. While the judge expressed scepticism about Portland’s objections and noted strong evidence of a binding payment agreement, he did not conclusively resolve that issue. Instead, he found that even if the debt was partially disputed, a sum well over £750 was indisputably owed (not least, on the basis that Portland suggested that the sum due should be £6,319). The non-payment of a debt was sufficient to give AG standing to present a petition, and to argue that there was evidence that Portland could not pay its debts.
In reference to Portland Stone Firms Limited v Albert Goodman LLP [2025] EWHC 702 (Ch).
Our content explained
Every piece of content we create is correct on the date it’s published but please don’t rely on it as legal advice. If you’d like to speak to us about your own legal requirements, please contact one of our expert lawyers.