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Corporate Insolvencies to Drop Following Appeal Court Ruling
A ruling by the Supreme Court in London could lead to a reduction in corporate insolvencies and stop creditors from chasing struggling businesses. Earlier this month, the Court of Appeal rejected a lawsuit by shareholders from British finance company Eurosail who claim the firm should be liquidated after buying £650m of UK mortgage-backed bonds from…
Read MoreOffice of Fair Trading’s Insolvency Recommendations are Long Overdue
Last month, the Insolvency Service released a review paper on the regulation of insolvency practitioners (IPs) and asked the public for feedback. The consultation, which can be read here, follows an Office of Fair Trading (OFT) investigation into corporate insolvency and practitioner fees. The investigation found inconsistencies in the way complaints about IPs were handled…
Read MoreTop UK Director Sir Clive Thompson Facing Disqualification Proceedings
The Insolvency Service (IS) is to launch disqualification proceedings against one of Britain’s leading businessmen, Sir Clive Thompson, over his role in the failure of Christmas savings club Farepack, according to the Daily Mail newspaper. More than 116,000 people lost a total of £40m when Farepack collapsed in 2006 – after lending around £35m to…
Read MoreSmall Business Owners Must Think Smart to Beat Inflation and VAT Increase
The findings of last week’s Bank of England review suggest interest rates are likely to rise over the next 12 months which is particularly concerning for small business owners, still reeling from the recent increase in VAT. Just weeks before the economic review, a study by Aldermore bank found almost 30% of small businesses will…
Read MoreStruggling Business Owners Will Act Swiftly, If They Are Smart
In December, I warned that company insolvencies would soar over the next 12 months. Now, new research suggests that one million businesses are currently facing ‘financial distress’, with 850,000 UK firms currently suffering from decreased profits. Insolvency & Law provide services for companies in trouble, and businesses affected by companies in trouble i.e. creditors.
Read MoreR3 Wrong to Blame Cable’s Insolvency Service for Fall in Company Director Disqualifications
The UK’s leading professional association for insolvency and business recovery specialists, R3, claims dodgy company directors are escaping punishment because the Insolvency Service (IS) is more concerned with meeting targets than launching complex investigations. According to R3, while the number of reports alleging director misconduct has doubled since 2003, during the same period there’s been…
Read MorePremier League and HMRC Court Battle Set for 15 February
Next month, HMRC and the Football Association Premier League will battle in court over the taxman’s claim that the ‘football creditor rule’ is unlawful. Under the football creditor rule, when a club enters administration creditors such as players and managers are paid in full, whilst any remaining money is divided between unsecured creditors including HMRC. Football as…
Read MoreRemedies for Struggling Directors: CVAs and Renegotiating with Creditors
Company directors experiencing financial difficulties often consider terminating agreements and contracts to reduce the burden of their debts. A director in this position must avoid delaying decisions and rectify the situation as soon as possible; otherwise the business will experience a rapid decline in trade and become insolvent. Reducing staff and rented equipment will lower costs,…
Read MoreDirectors are Wrong to Think They Can Avoid Taxman
The 10-year prison sentence a Yorkshire woman recently received for her part in a VAT scam described as ‘brazen and meticulous’ should be a lesson for any business owner or director who thinks they can outsmart HM Revenue and Customs. Jayne Mitchell, 40, and six others imported 7,000 new cars which passed through a chain…
Read MoreSection 127 of the Insolvency Act: Stop Spending If You Receive a Winding Up Petition
If you’re a business owner and expecting difficult financial times ahead, now’s the time to educate yourself on insolvency legislation to ensure you don’t become the subject of litigation. A record number of winding up petitions will be served on ailing businesses in the coming year, but most of their recipients – company directors –…
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