German Financier’s UK Entity Faces Fifth HMRC Winding-Up Petition

Lars Windhorst Private Office Limited has been served with its fifth HMRC winding-up petition in just two years, marking an unprecedented level of tax enforcement action against the controversial German financier’s UK operations. The latest petition (CR-2025-006383) was presented on 15 September 2025. The saga represents one of the most sustained campaigns of HMRC enforcement action against a single corporate entity in recent years, highlighting the Revenue’s increasingly aggressive stance toward companies with persistent tax compliance failures.

The Winding-Up Petitions Pattern

According to Court records and London Gazette notices, Lars Windhorst Private Office Limited (Company Number 13908131) has faced an extraordinary sequence of winding-up petitions since 2023. The company, registered at 6th Floor, 23 Savile Row, London, operates as a financial services holding company.

The First Petition (CR-2023-003802 – October 2023): Filed on 16 October 2023, this initial petition marked HMRC’s first formal legal action against Lars Windhorst Private Office Limited. The petition remained active until 17 January 2024, suggesting the matter was resolved through payment, adjournment, or negotiated settlement without a winding up order being made. The Court record show the petition progressed through the formal court process.

The Second Petition (CR-2024-002317 – April 2024): Just three months after the first petition was resolved, HMRC presented a second petition on 23 April 2024. This petition was last updated on 18 June 2024, and the Court record indicates it proceeded to at least one court hearing. The rapid re-petition suggests either new tax debts accumulated or previous payment arrangements broke down.

The Third Petition (CR-2024-004751 – August 2024): By 6 August 2024, HMRC filed a third petition against the company, with the matter remaining active until 27 September 2024. The fact that no winding up order was made despite three petitions in under a year suggests the company secured adjournments or made sufficient payments to avoid liquidation, though clearly not enough to prevent further petitions.

The Fourth Petition (CR-2025-000247 – January 2025): Presented on 15 January 2025 and last updated 28 February 2025, confirming it progressed through the court system. The timing of this petition, filed just five months after the third petition, indicates ongoing and unresolved tax compliance issues.

The Fifth Petition (CR-2025-006383 – September 2025): The most recent petition on record was filed on 15 September 2025 and updated as recently as 7 October 2025. This petition demonstrates that the tax debt issues facing Lars Windhorst Private Office Limited remain unresolved into autumn 2025.

Understanding HMRC Winding-Up Petitions

When Does HMRC Issue a Winding-Up Petition?

HMRC only resorts to winding-up proceedings after exhausting other debt recovery options. Before presenting a petition, the Revenue typically attempts various collection methods including payment reminders, formal demands, Time to Pay arrangements, and enforcement action.

A winding-up petition represents the nuclear option in HMRC’s enforcement arsenal. It signals that the Revenue believes the company is unable to meet its tax obligations and that compulsory liquidation is necessary to protect the interests of all creditors.

HMRC can issue a winding-up petition if a company owes £750 or more in undisputed tax debt, including VAT, PAYE, Corporation Tax, or National Insurance contributions. The petition is typically served at the company’s registered office, either by process server or first-class post.

The Statutory Demand Stage

Before presenting a winding-up petition, HMRC usually serves a statutory demand giving the company 21 days to either pay the debt in full, make acceptable payment arrangements, or apply to set aside the demand. However, creditors including HMRC can proceed directly to petition without first serving a statutory demand, particularly where the debt is already established through previous court proceedings or tribunal decisions.

Critical Timeline After Service

Once a winding-up petition is served, companies face an urgent and unforgiving timetable that requires immediate legal action to avoid catastrophic consequences for the business.

Days 1-7: The Critical Window

The company has just seven business days from service to take decisive action before the petition is advertised in the London Gazette. This advertisement triggers a cascade of devastating consequences including immediate bank account freezes, loss of supplier credit, and reputational damage that can be fatal to trading relationships.

Advertisement in The Gazette

At least seven working days before the hearing date, the petitioner must advertise the petition in the London Gazette. This public notice alerts all creditors, banks, suppliers, employees, and customers to the company’s dire financial position. Banks routinely monitor Gazette advertisements and will freeze company accounts immediately upon discovering a petition, preventing the company from trading or paying wages.

Pre-Hearing Requirements

Any party intending to appear at the hearing must give notice of intention by 4:00pm on the day before the hearing. The petitioner must file form Comp 3 and a copy of the Gazette advertisement at least five working days before the hearing.

The Winding-Up Petition Hearing

At the hearing, the Court evaluates whether to grant a winding-up order, dismiss the petition, or adjourn the matter. The petitioner presents evidence of the debt and the company’s failure to pay, while the company’s legal representatives can dispute the debt, propose payment arrangements, or seek an adjournment to secure funding.

The Court has wide discretion but will only dismiss or adjourn a petition where there are substantial grounds to do so. Common grounds for challenging an HMRC petition include genuine dispute on substantial grounds, a valid set-off exceeding the petition debt, or procedural irregularities in the petition’s presentation.

If the Winding-Up Order is Made

A winding-up order has immediate and irreversible consequences:

  • The Official Receiver becomes liquidator and takes control of all company assets
  • Directors’ powers cease immediately
  • All employees are automatically dismissed
  • Any disposition of company property after petition presentation is void unless validated by Court order
  • The liquidator investigates directors’ conduct for potential wrongful trading, preferences, or transactions at undervalue
  • Directors face potential disqualification and personal liability

Defending Against HMRC Winding-Up Petitions

Companies served with HMRC petitions can defend on several grounds:

Genuine Dispute on Substantial Grounds: The tax assessment itself is disputed through a pending appeal or tribunal proceeding. The dispute must be genuine and substantial, not merely tactical or frivolous.

Set-Off Rights: The company has a valid cross-claim against HMRC that exceeds the petition debt. This might arise from overpaid taxes, pending refunds, or disputed assessments for other periods.

Procedural Defects: The petition fails to comply with technical requirements under the Insolvency Act 1986 or the Insolvency Rules, such as incorrect company details, improper service, or failure to conduct proper searches before presentation.

Company is Solvent: The company can demonstrate it has sufficient assets to pay all creditors in full and the petition debt represents a temporary cash flow issue rather than true insolvency.

Urgent Steps to Take Within 24 Hours of Service of Winding-Up Petition

Instruct specialist insolvency solicitors immediately. The seven-day window before Gazette advertisement requires urgent legal assessment and action. Specialist legal advice is essential to evaluate prospects of successfully defending the petition and preventing advertisement.

Seek Injunction to Restrain Advertisement

If there are valid grounds to challenge the petition, apply urgently to the Court for an injunction restraining HMRC from advertising the petition in the Gazette. This preserves the company’s banking facilities and prevents the reputational damage that flows from public advertisement.

Negotiate with HMRC

Even at this late stage, HMRC may agree to adjourn or withdraw the petition if the company can demonstrate a credible payment proposal or dispute. Representations from experienced solicitors carry far more weight than direct approaches from directors.

Apply for Validation Order

If the petition has already been presented, any disposition of company property is void under section 127 Insolvency Act 1986 unless validated by the Court. Companies must apply urgently for a validation order authorising essential transactions such as paying suppliers, wages, and receiving customer payments.

Why Companies Choose Our Team for HMRC Winding-Up Defence

Our team comprises of dual-qualified Solicitor-Advocates and Barristers, bringing decades of High Court and Companies Court advocacy experience to every HMRC winding-up petition case. This rare combination ensures clients receive both strategic solicitor advice and the highest level of court representation without instructing separate counsel, while benefiting from our team’s exclusive specialisation in insolvency and winding-up petition law. We have successfully defended hundreds of winding-up petitions, obtaining dismissals, adjournments, validation orders, and negotiated settlements that preserve businesses and jobs.

Our solicitors and barristers regularly negotiate with HMRC’s solicitors and appear before Companies Court judges, understanding exactly what arguments HMRC will advance and how to counter them effectively to achieve optimal outcomes. We provide same-day case assessments and can attend urgent court applications at short notice. When HMRC serves a petition, every hour counts, and our team is immediately available to provide strategic guidance on whether to defend, negotiate, or pursue alternative insolvency procedures.

What If Your Company Cannot Pay?

If your company genuinely cannot pay HMRC and has no realistic prospect of trading out of difficulty, fighting a winding-up petition may simply delay the inevitable while increasing costs and director liability exposure. In these circumstances, voluntary insolvency procedures offer better alternatives:

Company Voluntary Arrangement (CVA): A formal payment plan approved by creditors that allows the company to continue trading while paying debts over time. CVAs can include compromises where creditors accept less than 100p in the pound.

Administration: A court-protected procedure that provides breathing space to restructure the business or achieve a better realisation of assets than immediate liquidation.

Creditors’ Voluntary Liquidation (CVL): A director-controlled liquidation that avoids the investigation and potential director disqualification associated with compulsory liquidation.

Our insolvency specialists can advise on the optimal procedure for your specific circumstances, balancing creditor interests with director protection and business preservation where possible.

Contact Our Specialist Winding-Up Petition Solicitors

Our dual-qualified solicitor and barrister team provides same-day case assessments from our Middle Temple chambers in the heart of London’s legal district. We will quickly analyse your case prospects, advise on the merits of defending the petition, and implement urgent court applications where necessary to prevent advertisement and secure adjournments. Call +44 (0)207 183 0529 or complete our online enquiry form.   

Our insolvency team responds immediately to urgent winding-up petition enquiries. We understand the stress and uncertainty directors face when HMRC threatens their business with compulsory liquidation. Our job is to provide clear, strategic advice that achieves optimal legal and commercial outcomes.

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