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HMRC winding-up petition defence

Defending HMRC Winding Up Petitions

Expert insolvency defence lawyer. HMRC is one of the most frequent petitioning creditors in the UK. If your company owes unpaid VAT, PAYE, Corporation Tax, or other liabilities, urgent action may be needed to protect the business.

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HMRC petition focusFocused advice for companies and directors facing HMRC winding-up petitions, tax debt enforcement and urgent insolvency risk. Urgent advertisement riskClear guidance on petition deadlines, evidence, injunction options and steps to prevent serious banking and trading consequences. Specialist insolvency judgmentAdvice led by Gurvir Birang, a Chambers-ranked restructuring and insolvency solicitor with commercial litigation experience.
Time is critical

Urgent action may be needed to protect your company

HMRC is one of the most frequent petitioning creditors in the UK. If your company owes unpaid VAT, PAYE, Corporation Tax, or other liabilities, they can issue a winding-up petition to recover the debt.

Once the petition is issued, the risk to your business is immediate: bank accounts can be frozen, your reputation can suffer serious damage, and you could lose control of your company altogether.

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HMRC winding-up petitions

We can protect your assets and your company position

Unlike many commercial creditors, HMRC follows strict enforcement protocols but can still act quickly if debts remain unpaid. In some cases, HMRC will issue a petition even while a time-to-pay arrangement or dispute is ongoing.

Advertisement risk

HMRC may move quickly

HMRC often moves to advertise the petition soon after it is issued, which can trigger serious banking, trading and reputational consequences.

Court intervention

The High Court may intervene

The High Court may dismiss or restrain an HMRC petition where there is a genuine dispute, a valid cross-claim, or where the petition is being used improperly.

If you have received an HMRC winding-up petition, act now

Urgent legal advice may help protect bank accounts, trading relationships, contracts and the company’s position before advertisement or hearing.

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When can an HMRC petition be dismissed or restrained?

Common categories of defence

Directors need to understand quickly whether urgent legal arguments may arise. The court may be asked to dismiss, restrain or adjourn a petition depending on the facts.

1

The debt is genuinely disputed

The petition may be challenged where the debt is genuinely disputed.

2

You have a valid cross-claim

A valid cross-claim may justify urgent action against the petition.

3

The petition is an abuse of process

The court may intervene if HMRC has ignored a legitimate dispute or is acting prematurely.

Immediate commercial damage

If you do not act quickly, the damage can be immediate

Even if the underlying tax dispute is later resolved in your favour, the damage caused during the petition process can be permanent.

1

Frozen bank accounts

Making it impossible to trade, pay suppliers, pay staff or operate the company normally.

2

Loss of contracts and goodwill

Clients, suppliers and commercial partners may react quickly once they become aware of the petition.

3

Compulsory liquidation

A winding-up order can result in directors losing control of the business and the company being placed into liquidation.

How Gurvir approaches HMRC winding-up petition defence

A clear urgent defence process

1

Immediate review

Gurvir examines the petition, HMRC’s evidence, and your company’s tax position.

2

Evidence gathering

Accounting records, correspondence, tax documents and dispute evidence are collated quickly.

3

Urgent defence action

Where appropriate, action may be taken to dismiss, adjourn or restrain the petition.

4

Negotiation

Where appropriate, HMRC may be engaged to agree time-to-pay arrangements or settlement terms.

Specialist representation

Specialist representation for HMRC enforcement and urgent insolvency litigation

1

HMRC enforcement experience

Specialist knowledge of HMRC’s litigation and enforcement processes.

2

High Court familiarity

Experience with urgent applications in the Chancery Division and the Insolvency and Companies List.

3

Legal defence and negotiation

Ability to combine legal defence strategies with practical negotiation to reduce or settle tax liabilities.

4

Rapid response

Rapid response in urgent cases, including injunctions to prevent the petition being advertised.

Need urgent HMRC winding-up petition advice?

Speak to West London Law today

Call for urgent, confidential advice on defending an HMRC winding-up petition.

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West London Law

Bankruptcy, insolvency and dispute resolution information led by
Gurvir Birang.

Call 0207 889 0100
for a free consultation today.

West London Law
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West London Law Limited does not provide reserved services to the public.

Gurvir Birang is a practising solicitor, founder, litigator and bankruptcy expert, authorised and regulated by the SRA. Gurvir Birang practices from Spencer West LLP.  Spencer West LLP is authorised and regulated by the SRA.

West London Law is a trading name of West London Law Limited, registered in England and Wales (company number 06776937).

West London Law was set up in 2003 and became non-regulated in 2020 and is no longer a firm of solicitors. This website is for marketing purposes only.

Disclaimer. Information on this website does not constitute legal advice and should not be relied upon as it does not provide a complete statement of the law. Specific legal advice should be sought and tailored to your particular circumstances.