Defending HMRC
Winding Up Petitions
When HMRC Threatens to Close Your Company Time is Critical
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.
Specialist Legal Representation from
Gurvir Birang West London Law
Gurvir Birang, an experienced insolvency solicitor and litigator, acts quickly to defend company directors against HMRC winding-up petitions, often preventing unnecessary liquidation and giving businesses the opportunity to resolve their tax disputes or negotiate
settlements.
Saving The Family Home
We Can Protect Your Assets
Understanding HMRC’s Approach
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.
- Aggressive timelines – HMRC often moves to advertise the petition soon after it is issued.
- High evidential standards – HMRC will usually have detailed records of the tax liabilities claimed.
- Limited negotiation once a petition is issued – delaying action can reduce your options.
Defending Against an HMRC Winding Up Petition
The High Court may dismiss or restrain an HMRC petition if:
- The debt is genuinely disputed – for example, due to accounting errors, misapplied payments, or incorrect assessments.
- You have a valid cross-claim – such as overpaid taxes or HMRC errors in other periods.
- The petition is an abuse of process – for example, where HMRC has ignored a legitimate dispute or is acting prematurely.
Gurvir works to identify every available defence and will act urgently to protect your position.
The Risks of Delay
If you do not act quickly, you may face:
- Frozen bank accounts – making it impossible to trade.
- Loss of contracts and goodwill – once clients and suppliers become aware of the petition.
- Compulsory liquidation – resulting in directors losing control of the business.
Even if the underlying tax dispute is later resolved in your favour, the damage caused during the petition process can be permanent.
Our Process
1. Immediate review – Gurvir examines the petition, HMRC’s evidence, and your company’s tax position.
2. Evidence gathering – Collating accounting records, correspondence, and dispute documentation.
3. Urgent defence action – Applying to dismiss, adjourn, or restrain the petition.
4. Negotiation – Where appropriate, engaging with HMRC to agree time-to-pay arrangements or settlement terms.
– See our [Obtaining a Validation Order
– See our Injunction to Prevent a Winding Up Petition
– See our Injunction to Prevent Advertisement of a Winding Up Petition
Why Location Matters
Most validation order applications are dealt with at the Royal Courts of Justice, High Court of Justice, Chancery Division, and the Insolvency and Companies List.
Gurvir’s familiarity with these courts enables him to navigate urgent listings and procedural requirements effectively.
Why Directors Choose
Gurvir Birang
- Specialist knowledge of HMRC’s litigation and enforcement processes.
- Division, and the Insolvency and Companies List.
- Ability to combine legal defence strategies with practical negotiation to reduce or settle tax liabilities.
- Rapid response in urgent cases, including injunctions to prevent the petition being advertised.
“At the heart of my work is a commitment to providing tailored, effective solutions that empower my clients to move forward with confidence.
First impression, our clients
West London Law’s expertise helped us navigate a tough financial situation with confidence and clarity.
If HMRC has issued a Winding Up Petition
Call 0207 889 0100
If HMRC has issued a winding-up petition against your company, do not wait. The consequences of delay can be immediate and irreversible.
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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.