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    Winding Up Petitions - lifting of restrictions but with a twist
    2021-09-10

    Yesterday the Government confirmed that the restrictions on the presentation of winding up petitions would be lifted on 30 September 2021, as planned.

    However, designed to assist small companies in their recovery from the pandemic, the new regulations coming into force on 29 September 2021 have been drafted with the aim of protecting businesses from creditors demanding repayment of relatively small debts. The key difference is the temporary raising of the threshold for a winding up petition to £10,000, a drastic increase from £750.

    Filed under:
    United Kingdom, Insolvency & Restructuring, JMW Solicitors, Coronavirus
    Authors:
    Alejandro Worthington
    Location:
    United Kingdom
    Firm:
    JMW Solicitors
    Court Winds Up Company Based on Disputed APNs: HMRC v Ozcal Limited [2020] EWHC 3771 (Ch)
    2021-04-01

    In 2014, Accelerated Payment Notices (“APNs”) were introduced by the Government under the Finance Act 2014, allowing HMRC to request upfront payments on account of disputed tax and/or National Insurance contributions relating to certain tax avoidance schemes.

    Filed under:
    United Kingdom, Insolvency & Restructuring, Litigation, Tax, JMW Solicitors, HM Revenue and Customs (UK)
    Authors:
    Philippa Lai
    Location:
    United Kingdom
    Firm:
    JMW Solicitors
    The Impact of Mental Health on Post Covid 19 Debt Recovery Strategies
    2021-03-25

    The worldwide Covid 19 pandemic has touched and affected us all in many different ways. In this blog I will look at how those of us who work in debt recovery need to take on board the impact the pandemic has had on mental health and factor that into their strategies. Mental health cannot be ignored as my partner, Cory Bebb, wrote in his recent blog

    Filed under:
    United Kingdom, Healthcare & Life Sciences, Insolvency & Restructuring, Litigation, JMW Solicitors, Coronavirus
    Authors:
    Adam Taylor
    Location:
    United Kingdom
    Firm:
    JMW Solicitors
    Settled Intention is Pre-Condition to Valid Notice of Intention to Appoint Administrators: No Intention = No Validity and No Moratorium: Re: Seabrook Road Limited [2021] EWHC 436 (Ch)
    2021-03-22

    Amplifying JCAM Commercial Real Estate Property XV Ltd v Davis Haulage Ltd [2018] EWCA CIV 276 the court has again considered repeated Notices of Intention to Appoint (NOITA) and the effect on the interim moratorium.

    Background

    This case involved the Company filing 4 successive NOITAs although only two of them were the subject of these proceedings (NOITA 1 and NOITA 2).

    The Company owned a Property which was subject to a legal mortgage and QFC. The secured loan was in default and the Company was seeking to delay enforcement whilst it refinanced.

    Filed under:
    United Kingdom, Company & Commercial, Insolvency & Restructuring, Litigation, JMW Solicitors
    Authors:
    Cory Bebb
    Location:
    United Kingdom
    Firm:
    JMW Solicitors
    Pre-Pack Regulations - Evaluating the Evaluator: the insurer (hopefully) saves the day...
    2021-03-02

    The proposed new regulations to safeguard the proprietary of pre-packs have caused alarm in the profession, one of the areas of concern being the requirement that the Evaluator central to the process requires no professional qualifications but thankfully are qualified if they think they are (yes, you did detect some sarcasm).

    The Regulations will mean that an administrator cannot execute a pre-pack if the following applies:

    Filed under:
    United Kingdom, Insolvency & Restructuring, Insurance, JMW Solicitors
    Authors:
    Cory Bebb
    Location:
    United Kingdom
    Firm:
    JMW Solicitors
    Bankruptcy Order Quashed on the Grounds of Mental Capacity: Re Kumar [2021] EWHC 181 (Ch)
    2021-02-17

    Background

    The Debtor was 82 years of age, and subject to a bankruptcy petition in the County Court in the sum of £62,000 which was heard on 19 December 2019.

    Filed under:
    United Kingdom, Insolvency & Restructuring, Litigation, JMW Solicitors, Power of attorney
    Authors:
    Cory Bebb
    Location:
    United Kingdom
    Firm:
    JMW Solicitors
    Joint Administrators of Force India Formula One Held to Owe No Duty of Care to Prospective Buyer in Sale Process
    2021-02-15

    PJSC Uralkali v Rowley & Anor [2020] EWHC 3442 (Ch) is about the sale of the Force India F1 racing team, owned and operated by Force India Formula One Team Limited (the “Company”).

    The Force India F1 team was more successful on the track than it was financially and by the summer of 2018, the Company was in a precarious financial position. The Company went into administration and appointed joint administrators on 27 July 2018 (the “Joint Administrators”).

    Filed under:
    United Kingdom, Insolvency & Restructuring, Litigation, JMW Solicitors
    Authors:
    Francesca Parker
    Location:
    United Kingdom
    Firm:
    JMW Solicitors
    Administration valid following failure of QFC Holder to give notice to prior outstanding (but marked ‘satisfied’) QFC Holder: Re NMUL Realisations Limited (in administration) [2021] EWHC 94 (Ch)
    2021-01-29

    The issue in this case concerned the failure of a holder of a Qualifying Floating Charge (QFC) to give notice to a prior QFC holder before appointing administrators, therefore potentially calling into question the validity of the administration.

    Filed under:
    United Kingdom, Company & Commercial, Insolvency & Restructuring, Litigation, JMW Solicitors
    Authors:
    Cory Bebb
    Location:
    United Kingdom
    Firm:
    JMW Solicitors
    Debt Respite Scheme - Who is it intended to help and how should it work?
    2020-08-13

    publication of The Debt Respite Scheme (Breathing Space Moratorium and Mental Health Crisis Moratorium) (England and Wales) Regulations 2020. If approved by Parliament the scheme will come into force on 4 May 2021.

    Filed under:
    United Kingdom, Insolvency & Restructuring, JMW Solicitors
    Authors:
    Adam Taylor
    Location:
    United Kingdom
    Firm:
    JMW Solicitors
    A non ‘priggish’ Court of Appeal allows MVL Business Rates Avoidance Scheme to survive: SoS -v- MB Vacant Property Solutions Limited [2020] EWCA Civ 1017
    2020-08-11

    Having successfully obtained a public interest winding-up order in Re PAG Management Services Limited [2015] BCC 720 which operated a business rates avoidance scheme using Members’ Voluntary Liquidations, the Secretary of State for Business, Energy and Industrial Strategy unsuccessfully tackled its successor in the Court of Appeal.

    The scheme in this case (Scheme 3) was a variant upon two earlier schemes, Scheme 2 being no longer in operation following the public interest winding-up of PAG Management Services Limited.

    Filed under:
    United Kingdom, Insolvency & Restructuring, Litigation, Real Estate, JMW Solicitors, Commercial tenant, HM Revenue and Customs (UK)
    Authors:
    Cory Bebb
    Location:
    United Kingdom
    Firm:
    JMW Solicitors

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