HomeFWJ takeawayTakeawayCompany rescueBusiness recovery and rescueHow might HMRC respond to a validation order?

It is possible to work with HMRC when applying for a validation order - but HMRC are well known for taking a tough approach with companies which owe them money. Our team of lawyers supported by an ex HMRC expert of 18 years can help you keep trading. We often obtain validation orders whilst negotiate settlement of the debt and removal of the winding up order.

Dealing with HMRC can be difficult at times but at Francis Wilks & Jones, we have experience over many years of dealing with HMRC and know the right departments to go to straightaway.

  • if HMRC have issued a winding up petition or winding up order against your company, then their attitude will depend upon the content of the witness statement evidence needed to support a validation order;
  • if a persuasive case can be put forward that the payments which need to be sanctioned from the frozen bank account will assist in paying off creditors (including HMRC) then the court is more likely to make the application;
  • HMRC may comment on it or oppose it or support it but ultimately, the success or failure of the application comes down to the content of the witness statement evidence and the financial prospects of the company moving forward.

Often, what we try and do is keep creditors (such as HMRC) in the loop in advance of the hearing so that they understand what is going on. Obviously, HMRC need to be served with the relevant papers and given notice of the validation order hearing and ideally, we try and get support from them in advance of the validation order hearing.

Overall, we have a good track record of dealing with HMRC in circumstances where they have either issued a winding up petition or have supported the winding up petition. Our team is boosted by the presence of Andy Lynch who spent 18 years working at HMRC and knows exactly how the organisation works.


Francis Wilks & Jones is the county’s leading firm of winding up petition and validation order solicitors. We are genuine experts in what we do and regularly make validation order applications to court on behalf of our clients. We can also help have the winding up petition removed.

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