Statutory demands are a key asset in a lender’s arsenal when seeking to enforce under a guarantee. The mere threat of bankruptcy is often a powerful method of brining a reticent debtor to the table. Above all else, they are quick, simply and relatively inexpensive to present, often avoiding the need to bring proceedings against the debtor in court.

The judgement in BHL v Leumi ABL Limited [2017] EWHC 1871 (“BHL”) has been seen by many as another example of courts enquiring more readily into commercial terms agreed by large corporate entities and scrutinising the exercise of contractual powers.

When goods are delivered to a professional storage operator (“Warehouseman”) for safe keeping or storage, it is usual practice that the parties will enter into express terms which often contain a right of lien in favour of the Warehouseman. The benefit of having an express right of lien is that the terms are clear and unequivocal, especially those relating to enforcement of the lien and sale of the assets.

The Football League has announced the toughening up of its insolvency rules.  Football League clubs will face stricter sanctions and be forced to repay the majority of their debts to unsecured creditors under new rules agreed at the competition’s annual conference.

The Association of Business Recovery Professionals suggests that unsecured creditors, on average, receive 1% of the debt due to them from a company that undertakes a pre-pack sale and 3% in cases in which a going concern sale is achieved.  Given such poor prospects, investment of time in identification and reduction of insolvency risk can pay dividends.

There are a number of warning signs of supply chain risk, and it is key that you are familiar with these: