HomeFWJ TakeawayResourcesHow to defend an HMRC winding up petition

It is vital to take expert legal advice if you want to defend an HMRC winding up petition. Get is wrong - and your business will disappear and directors could be open to personal claims by the liquidator. Our brilliant team can help make sure you maximise your prospects of success and avoid mistakes.


“How to defend an HMRC winding up petition” is a common question for our firm.

We have dealt with many HMRC winding up petitions over the years and successfully helped many companies avoid the worst effects of an HMRC winding up order. As with all winding up petitions, defending them depends upon the circumstances of your case but your options could include the following:

  • If the entire HMRC debt is disputed, you can apply for an injunction at court to restrain or stop the HMRC advertising the winding up petition. This will avoid it becoming public knowledge in the London Gazette and is critical if you are disputing the debt. If we set out the position clearly to HMRC prior to an injunction application, we can sometimes obtain an undertaking from them not to advertise the petition while the matter is considered further.
  • If part of the debt is disputed, and you are able to pay the undisputed element, we can help you through that process. The undisputed winding up petition debt should then be paid and our expert team can then seek dismissal of the petition from court.
  • If it is time you need in order to pay the debt, then we can help you with negotiating an instalment plan with the HMRC. This is not always easy to do but we have the experience to help you through this difficult process. The key is to take urgent action.
  • If it is time you need but need to continue trading then we can also help you obtain a validation order to legally continue to trade whilst you deal with the worst effects of the winding up petition.

The key is to deal with the winding up petition quickly as soon as you receive it. At Francis Wilks & Jones we have the winding up order experts to help you in this process and are well versed in all winding up order issues including how to defend an HMRC winding up petition.


Please contact one of our friendly expert HMRC winding up petition solicitors now for your friendly consultation. At Francis Wilks & Jones, we have a team ready to help. We can also help with wider company rescue issues and advice if your business needs any restructuring or turnaround help. We can also make sure directors do their best to avoid any risk of personal claims should the worst happen and the company get wound up.

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