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Validation order cost: what the company pays

A validation order application costs a fixed fee of £10,000 to £15,000 plus VAT, depending on the size of the petition debt. The £115 court fee is included, while counsel's fee for the hearing and identity checks are charged on top. I am Femi Ogunshakin, an insolvency solicitor. Your first 30-minute consultation is free, and I confirm the fee before any work starts.

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How much does a validation order cost?

There are three parts: my fixed fee, the court fee, and counsel's fee for the hearing. The fixed fee already includes the court fee. Identity checks for anti-money-laundering purposes are charged in addition.

Fees for a validation order application

Fixed fee

£10,000 to £15,000 plus VAT, depending on the size of the petition debt. I confirm the figure during or shortly after the consultation, before any work starts.

£250,000

Indicative fixed fee £11,050 plus VAT

Court fee

Currently £115. This cost is included in the fixed fee.

Counsel’s fee

Typically £1,500 to £2,000 plus VAT, depending on chambers, for the barrister who presents the application at the hearing. Payable in addition.

Anti-money-laundering identity checks are also charged in addition. The fee range covers petition debts from £50,000 to £1 million. For a petition debt outside that range, the fee is confirmed in writing before any work starts.

How the fixed fee is set

The fee rises with the petition debt, from £10,000 for a £50,000 debt to £15,000 for a £1 million debt. Move the slider to see the indicative figure for your company. The actual figure is confirmed before any work starts.

What you know before you commit

You do not need to send any papers before we speak. After the call I send you a written proposal setting out the fee, the scope of the work and what I need from the company. The detailed work starts once you decide to proceed and the fee has been agreed. If an application is unlikely to help, I will say so at this stage.

What does the fixed fee cover?

The fixed fee covers the validation order application, from my first review of the petition to the hearing. The written proposal I send after the consultation sets out the exact scope.

Included in the fixed fee

  • Reviewing the petition, the hearing date and the company's position
  • Identifying the payments the company needs to make and the evidence that supports them
  • Drafting the application, the witness statement and the draft order
  • Giving notice of the application to the petitioner and any other creditor entitled to it
  • Filing at the insolvency court and attending the hearing
  • The court fee, currently £115

Charged in addition

  • Counsel's fee for presenting the application at the hearing, typically £1,500 to £2,000 plus VAT
  • Anti-money-laundering identity checks
  • VAT on the fixed fee
  • The petition debt itself, and any costs the court orders the company to pay
  • Work on the petition itself, such as disputing or settling it, which is outside the fixed fee

A validation order does not settle the petition debt. If the debt is left unpaid, the court can still make a winding up order.

What you pay, and when

Five steps from the first call to the hearing. The fee is fixed at step two, before any detailed work starts.

Empty boardroom table set with a row of blank documents
  1. Consultation Free, for 30 minutes. You do not need to send any papers before we speak
  2. Proposal A written proposal with the fixed fee, the scope of the work and what I need from the company. Work starts once you agree it
  3. Evidence Covered by the fixed fee. A witness statement from a director who knows the company's finances, with a cash flow forecast
  4. Application Covered by the fixed fee, including the £115 court fee. The petitioner is given notice of the application
  5. Hearing Counsel presents the application. Counsel's fee, typically £1,500 to £2,000 plus VAT, is payable in addition
A bank card frozen inside a block of ice

What does a frozen account cost the company?

Banks usually freeze a company's accounts once the petition is advertised, on the day of the notice or within about 48 hours. From then on, wages, rent and suppliers wait. A validation order gives the bank the cover it needs to release the account.

The risk of paying without an order

Payments made after the petition is presented are void if a winding up order follows, unless the court orders otherwise. That is true whether or not the bank has frozen the account. In a winding up, the court can order a director who misapplied company money to repay it.

Routine trading payments, such as wages, rent and suppliers, are regularly allowed in validation orders.

When it is not worth applying

If an application is unlikely to help, I will say so on the consultation. The other options are a Time to Pay arrangement with HMRC, raising finance to settle the petition debt, or placing the company into voluntary liquidation.

Paying the fee once the account is frozen

Legal fees paid from the company's account after the petition are payments like any other. The same section 127 rule applies to them. Ask me about this on the consultation.

If payroll is days away, say so when you call. I will tell you straight away whether the timing works.

Validation order cost questions

How much does a validation order cost?

My fixed fee is £10,000 to £15,000 plus VAT, depending on the size of the petition debt. It includes the court fee, currently £115. Counsel's fee for the hearing, typically £1,500 to £2,000 plus VAT, and anti-money-laundering checks are charged on top.

How much does it cost to deal with a winding up petition?

For the company there are four parts: the petition debt, the petitioner's costs, your own legal costs, and any validation order. The court's general rule is that the unsuccessful party pays the successful party's costs, though it can order otherwise. See disputing a winding up petition for how each part arises.

Is the court fee included in the fixed fee?

Yes. The court fee is currently £115, and it is included in the fixed fee.

Who pays the costs of a validation order application?

The company is the applicant, so it instructs me and is responsible for my fee. The court has a discretion over costs in insolvency proceedings and can order one party to pay another's costs.

Is the first consultation free?

Yes. The first consultation lasts 30 minutes and costs nothing. You do not need to send any papers before we speak. After the call I send you a written proposal setting out the fee, the scope of the work and what I need from the company.

Is counsel's fee included in the fixed fee?

No. Counsel's fee is typically £1,500 to £2,000 plus VAT, depending on chambers, for the barrister who presents the application at the hearing. It is payable in addition to the fixed fee.

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First consultation

Free

A free 30-minute consultation with me to explore your options and protect your business.

What the consultation covers

  • Where the petition is in the process and how much time you have
  • Whether a validation order would help, and whether an application is likely to succeed
  • Whether an adjournment can be sought while you consider how to settle the debt
  • Your other options: a Time to Pay arrangement with HMRC, raising finance to settle the petition debt, or placing the company into voluntary liquidation
  • What happens next if you decide to instruct me

The fixed fee, court fee and counsel's fee are set out in the fee breakdown above.

Femi Ogunshakin, insolvency solicitor

Who you will deal with

Femi O. Ogunshakin

Solicitor, Tax Adviser and Former HMRC Inspector

Validation order applications are a large part of my practice. Most of the petitions I deal with are brought by HMRC, and my time as an HMRC inspector means I know how the petitioning side builds and runs these cases.

You will deal with me directly rather than with an introducer or a case handler. The work is carried out through Nexa Law, where I practise. The first 30 minutes are free.

Need help with a winding up petition?

If your company has received a winding up petition, it is important to act quickly. Call or email me to discuss how to apply for a validation order from the insolvency courts. I offer a free 30-minute consultation to help you explore your options and protect your business.

07867 795 439

Email femi@loftusstowe.com
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