HMRC Winding Up Petition Against Holly Willoughby’s Roxy Media Dismissed

Roxy Media Limited, the media production and management company connected with television presenter Holly Willoughby and her husband Dan Baldwin, has avoided being wound up in the High Court after HMRC’s petition (CR-2025-000107) was dismissed by the Insolvency and Companies Court. The company had faced a petition over a reported £377,000 tax liability, but the debt is now being dealt with through tax tribunal proceedings rather than compulsory liquidation, meaning the company continues to trade.​

This high-profile case provides a useful reminder that even where a petition is presented, there are often viable legal routes to oppose, defend or dismiss it, particularly where the underlying tax or commercial debt is genuinely in dispute If your company has been served with an HMRC or creditor winding up petition, urgent action is essential. Speak to our specialist winding up petition solicitors in London today on 02071830529 or complete our short online enquiry form for an immediate, partner‑led case assessment.

Background to HMRC’s Petition against Roxy Media

Roxy Media Limited was incorporated in 2008 and is registered at the Royal Liver Building in Liverpool, with Mr Baldwin appointed as director in 2008 and Ms Willoughby (under her married name) joining the board in 2014. The company’s latest filed accounts show shareholder funds of around £283,878 as at August 2023, reduced from approximately £1.1m the previous year, reflecting a period of financial pressure.​

HMRC presented a winding up petition in early 2025 in relation to unpaid tax said to total about £377,000, following earlier attempts at collection. A petition issued by HMRC is a serious enforcement step that, if successful, usually results in a compulsory winding up order, the appointment of the Official Receiver or an insolvency practitioner as liquidator, and an investigation into the company’s affairs and directors’ conduct.

Adjournments and Tax Tribunal Appeal

At an initial hearing in April 2025, the Insolvency and Companies Court heard that the alleged tax debt had already been reduced from a higher figure and granted an adjournment to allow time for payment discussions. When the case returned in July and August, representatives for Roxy Media indicated that the company intended to challenge HMRC’s assessment through the First‑tier Tax Tribunal, and the court allowed further adjournments while that process was set in motion.

Adjournments of HMRC petitions are relatively common where a tax dispute is to be determined by the Tax Tribunal, because the tribunal is the specialist forum for deciding whether any tax is actually due. In such circumstances the court will often treat the existence of a substantial, arguable dispute or pending appeal as a reason not to allow a winding up order to proceed until the position is clarified.

Petition Against Roxy Media Dismissed

In November 2025, HMRC asked the High Court to dismiss its winding up petition against Roxy Media after the tax issues were transferred to the tribunal process, and the petition was duly dismissed by the Insolvency and Companies Court. No representatives for Roxy Media were required to appear at the brief hearing, and the company remains registered as active at Companies House with the winding up proceedings at an end.

Commentary from insolvency practitioners has described the decision as a reminder that winding up petitions are not appropriate where the debt is genuinely disputed and needs to be resolved by another specialist forum such as the Tax Tribunal. Creditors, including HMRC, risk criticism and adverse costs consequences if they pursue petitions in circumstances where the alleged debt is not a straightforward, undisputed sum.

Lessons for Directors About HMRC Petitions

The Roxy Media case shows that:

  • A winding up petition is often not the final word where there is a real dispute about the underlying tax or commercial debt.
  • The Insolvency and Companies Court is prepared to adjourn or dismiss petitions where it is appropriate for the debt to be determined by the Tax Tribunal or ordinary civil proceedings instead.
  • Early, specialist advice allows directors to negotiate with HMRC, seek adjournments and present evidence of disputes, appeals or payment proposals that may persuade the court not to make a winding up order.

Specialist representation is also vital to protect a company’s position in relation to Gazette advertisement, bank account freezes and reputational damage, all of which can be triggered rapidly once a petition is presented.

Facing a disputed tax bill or aggressive creditor petition like Roxy Media Limited? Our dual‑qualified solicitors and barristers regularly defend HMRC and commercial winding up petitions, obtain adjournments and secure dismissals in the Insolvency and Companies Court. Contact us now to discuss a tailored strategy to protect your company and its bank accounts.

Legal Options for Opposing a Winding Up Petition

A company can oppose a petition on several recognised grounds. Key options include:

  • Genuine Dispute or Set‑Off: Where the company can show that the debt is genuinely disputed on substantial grounds, or that it has a genuine right of set‑off that would reduce or extinguish the liability.
  • Technical or Procedural Defects: Petitions can be challenged for jurisdictional issues, procedural errors, or delay, especially where the petition has been used oppressively or as a debt‑collection tactic rather than a genuine insolvency process.
  • Abuse of Process: It may be possible to argue that a petition is an abuse of process where, for example, HMRC or another creditor has alternative remedies, has frozen accounts in a way that prevents payment, or has acted contrary to assurances given to the company.

To oppose a petition, a company must usually file evidence (historically a witness statement) in opposition at court not less than five business days before the hearing and serve it promptly on the petitioner, before attending the hearing to argue against a winding up order. Where factual disputes need full consideration, the court may adjourn the petition to be heard in detail by a specialist insolvency judge.

Dismissal, Adjournment or Settlement

Possible outcomes where a petition is defended include:

  • Dismissal of the Petition: As in the Roxy Media case, the petition can be dismissed where the court accepts that the debt is disputed on substantial grounds or should be determined by another forum, or where the petitioner consents to dismissal.
  • Adjournment: The court can adjourn the petition to allow time for payment, restructuring, a tax appeal or a takeover, often with directions regarding evidence or the conduct of the parties.
  • Settlement and Withdrawal: Many petitions are resolved through negotiated settlements, payment plans or refinancing, leading to the petition being withdrawn by consent and, where necessary, applications to restrain or cancel Gazette advertisement.

Take Action If Your Company Faces an HMRC or Creditor Petition

Directors faced with a petition similar to that issued against Roxy Media should act immediately:

  • Prepare detailed evidence explaining any tax tribunal appeal, underlying disputes, cross‑claims or set‑offs and why a winding up order would be inappropriate.
  • Engage constructively with HMRC or other petitioning creditors, proposing realistic payment arrangements or security where the debt is accepted, whilst preserving the company’s solvency position and directors’ duties.

How We Can Help?

Our dual‑qualified solicitor‑advocate and barrister team regularly represents companies facing HMRC and commercial petitions, including applications to dismiss, adjourn or restrain abusive petitions and to obtain validation orders so that businesses can continue trading. The Roxy Media decision illustrates that, with the right legal strategy, it is often possible to protect a viable business from the blunt instrument of compulsory winding up.

If your business is at risk of a winding up order, do not wait for your bank accounts to be frozen or your reputation to be damaged in the London Gazette. Call our team on 02071830529 or click here to request a confidential insolvency case review. Our specialist City of London insolvency team will explain your options and work to secure the best possible outcome for your company.

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WARNING – OBTAIN SPECIFIC GUIDANCE & ADVICE

The information on this website is not legal advice; you should always obtain specific advice on the circumstances of your case. Our Winding-up Petition Solicitors & Barristers provide specialist legal advice based on decades of expertise. Click here or call +442071830529 to get in touch. For regulatory reasons we do not take on low value cases nor provide free legal advice, information or guidance and our team cannot answer questions from non-clients.

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