A balanced view A quarterly update from our Real Estate Dispute Resolution team Winter/ Spring 2015/2016 Real Estate Dispute Resolution Issue 12 Contents Welcome to the Winter 2015/2016 edition of Eversheds In Focus. Since our Autumn 2015 edition, the Courts have considered a number of important cases on issues ranging from break options, the legitimacy of controversial rates avoidance schemes, relief from forfeiture, specific performance of contractual obligations and what constitutes a penalty payment.

The Insolvency Service recently published official statistics showing that the number of individual insolvencies in 2015 fell to the lowest annual level for a decade (by 19% to 79,965).

The statistics also show that:

This case concerned whether a fee payable by a tenant for assigning the lease involved the provision of “credit” for the purposes of the Consumer Credit Act 1974 (CCA).

From 1 January 2016, deposits made by private individuals and small businesses to any authorised firms are protected by the Financial Services Compensation Scheme to a limit of £75,000 (previously £85,000).

On 1 October 2015 the minimum debt upon which a creditors' bankruptcy petition can be presented increased from £750 to £5000 and the threshold for serving a statutory demand on an individual debtor (as a precursor to bankruptcy) also increased to £5000. 

On 7 October 2015, the Financial Conduct Authority launched a ‘Call for Inputs’ on competition in the mortgage sector. The Call for Inputs provides an opportunity for interested parties to help the FCA identify potential areas where competition may not be working well and could be improved.

October 2016 will see the Third Parties (Rights against Insurers) Act 2010 finally brought into force. Although five years since it passed through Parliament, the act has never received Royal Assent due to a number of practical hurdles.

The Insolvency Service published its quarterly statistics on company insolvency and individual procedures showing:

According to recent press reports, Dave Forsey, Chief Executive of Sports Direct, is the latest (and most high-profile) executive to be hit by court proceedings concerning alleged failure to comply with redundancy notification procedures - in his case in his former position at fashion retailer, USC. As these and other reports confirm, there is clear evidence that the Insolvency Service is increasingly proactive in pursuing organisations, their senior personnel and insolvency practitioners who fail to file the requisite redundancy notification form (HR1) on time.

With the first PPF levy invoices based on the new Experian insolvency-risk assessment model starting to land on trustees’ door-mats, many schemes have made the unwelcome discovery that their PPF levy for 2015-16 has suffered a substantial hike. Around 200 schemes are reported to have seen levy rises in excess of £200,000.