header-logo header-logo

11 February 2026
Issue: 8149 / Categories: Legal News , Procedure & practice , Company
printer mail-detail

Perils of incorrect service highlighted

The High Court has clarified how winding-up petitions must be served, in a decision with implications for 30,000 UK businesses using the Companies House default address for official mail

HMRC, which was chasing DG Resources for a £1.1m tax debt, served the company with a winding-up petition. DG countered that the petition was incorrectly served to the company’s registered office since it used a Companies House default address, a temporary location intended to prompt companies to update their registered office details.

However, Mr Justice Marcus Smith struck out the petition, citing two main factors for his decision, in DG Resources v Commissioners for HMRC [2026] EWHC 201 (Ch). First, the irregularity was ‘a particularly serious one’, and second, ‘before the judge, HMRC put forward a defective contention that service had been regular when it was not’.

Marcus Smith J said: ‘Through the negligence of its agents, HMRC has put forward to the court below a materially false case, and obtained judgment in its favour on the back of this. Such conduct, even when unintentional, must have consequences... I reach this conclusion fully conscious that DG Resources has no substantive case against the petition. That weighs heavily, but where there is so serious a breach of due process it seems to me that this factor is insufficient to save the petition.’

Ian Austin, partner at Irwin Mitchell, representing DG Resources, said: ‘This judgment has provided clear clarification from the court that, when a default address is used for the purposes of serving a winding-up petition on a debtor, the action of service must strictly follow para 2(2) of Sch 4 of the Insolvency Rules 2016.

‘The document must be deposited at or near the default address in a way that ensures it will come to the attention of someone attending the office.’

Issue: 8149 / Categories: Legal News , Procedure & practice , Company
printer mail-details

MOVERS & SHAKERS

Withers—Sophie Barrett-Brown

Withers—Sophie Barrett-Brown

Withers drives further growth in its UK immigration team with new partner Sophie Barrett-Brown

Venus Legal—Esther Amoako

Venus Legal—Esther Amoako

Venus Legal invests in next generation of legal talent as specialist litigation practice grows

Fisher Phillips—Catrina Smith

Fisher Phillips—Catrina Smith

Fisher Phillips continues momentum in London with arrival of Catrina Smith

NEWS
Restrictions on workplace non-disclosure agreements could make settlements slower, more complex and more expensive when reforms expected in 2027 take effect
Private prosecutors face closer scrutiny under Crown Prosecution Service guidance designed to strengthen accountability and consistency when intervention is requested
Foreign states cannot necessarily claim immunity for cyber operations launched abroad against computers in Britain, following a divided Supreme Court ruling
Defendants who make unsupported complaints about their lawyers risk losing legal aid while confiscation proceedings continue without representation
Lawyers advising Russian clients face different sanctions restrictions across the UK, EU and US, despite their shared objective of increasing pressure on Russia
back-to-top-scroll