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Young and middle-aged women leading on insolvencies
The number of women entering insolvency procedures jumped from 30% to 54.3% between 2000 and 2018, according to new figures released by the Insolvency Service. Last year, women in England and Wales were involved in 65% of Debt Relief Orders (DROs); 54% of Individual Voluntary Arrangements (IVAs); and 38% of Bankruptcies. The figures reveal that…
Why pre-action or letters before action are essential
When chasing a business or person for a debt, it’s usually a good idea to send a letter before action – also known as a pre-action letter – before commencing legal proceedings. A letter before action is a formal notice requesting payment of an outstanding debt within 14 days in accordance with Part 7 of…
HMRC’s Return to Crown Preference is Unfair
Expect more companies to go bust from April 2020, unless the government halts plans to make HM Revenue & Customs (HMRC) a secondary preferential creditor in insolvencies. These plans are consultative, but could impact creditors significantly if implemented. As a preferential creditor, HMRC could claim overdue penalties, VAT, PAYE, and national insurance contributions dating back…
Landlords must reduce rates or face high street exodus
The future looks bleak for British landlords, especially those renting in town centres and cities because everyone knows our high streets are changing. Fashion retailer Primark recently claimed to be seeking rent reductions of up to 30% in negotiations over new leases. The Irish retailer is considering entering a Company Voluntary Arrangement (CVA) to help…
Prepare your business for Brexit, deal or no-deal
Irrespective of who becomes the UK’s next Prime Minister, it’s essential that business owners prepare for Brexit. Cynical business leaders may take advantage if the UK leaves the European Union (EU) without an exit deal on 31 October. It’s likely they will show no loyalty to European suppliers after the leave date. Consequently, don’t be…
Pros and cons of CVAs for debtors and creditors
Office Holdings, owner of Office and Offspring shoe shops, is said to be the latest high-profile retailer to consider entering a company voluntary arrangement (CVA) – so what’s a CVA, and why are they so popular? In recent weeks, clothing and accessories merchant Monsoon Accessorize, and the Arcadia Group – home to brands such as…
Congratulations to Arcadia’s CVA creditors
Creditors of a business that has recently entered a company voluntary arrangement (CVA) would be wise to follow the example set last month by the creditors of waning fashion retailer Arcadia. Arcadia’s creditors did well to encourage Sir Philip Green and his wife to part with more money than they’d intended. Simply by standing up…
Blame bad management, not Brexit for insolvencies
Corporate insolvencies are on the rise, but why? Some ‘experts’ have been quick to associate Brexit with the collapse of manufacturer British Steel, fashion retailer Arcadia, and the Jamie Oliver Restaurant Group – but I doubt these collapses have anything to do with our decision to leave the European Union. When business was booming in…
New reforms are great, but who protects unsecured creditors?
In a controversial speech to the Insolvency Practitioner’s Association earlier this year, Court of Appeal judge Lord Justice Jackson (best-known for his 2010 report into civil litigation costs) made several recommendations, which Justice Secretary Michael Gove has already begun to implement. As a result, from 1 April 2016, unsuccessful defendants will no longer be held…
Did Sir Philip Green asset-strip BHS and cause its collapse?
Giving evidence to a government inquiry recently, Sir Philip Green claimed to have worked diligently to avoid one of his best-known retail brands going into liquidation. Nevertheless, the Insolvency Service must establish if Sir Philip had asset-stripped BHS and caused its collapse. Last month, fashion tycoon Sir Philip appeared before the Business, Innovation and Skills…