The Corporate Insolvency and Governance Act 2020 (CIGA) became law on 26 June 2020. It contains some temporary provisions required as a result of COVID-19 and some permanent provisions that have been in the offing for a while which will make sweeping changes to the current insolvency rules.
The Temporary Provisions
The temporary provisions are aimed at providing businesses with some relief from problems created by the current COVID-19 pandemic including the temporary suspension of wrongful trading laws and the prohibition of the use of statutory demands and winding up petitions.
At the start of the COVID 19 pandemic many were predicting that this could be the busiest time ever for insolvency professionals. Early indications seemed to indicate this with many insolvency practitioners and lawyers experiencing an initial manic period of providing (often free) telephone advice, but most companies now appear to be hunkered down waiting for the lockdown to finish and surviving by utilising the rescue packages created by the Treasury.
L-R Martin March, Phil Farrelly and James Whittaker
North West commercial law firm Bermans, which is celebrating its 50th year in business, has made two key appointments to its busy restructuring team. The team, led by Phil Farrelly, welcomed Martin March as a partner and James Whittaker as a Senior Associate.
Martin has more than 20 years’ experience working in the insolvency and restructuring arena and joins the firm from Knights Plc. A well know face across the North West, Martin focuses on transactional and advisory work, acting for business owners, insolvency practitioners and other professionals in relation to business restructuring. He has been involved in a number of high-profile property related insolvencies involving distressed “investor funded developments”. His focus at Bermans will be on corporate transactions particularly property related insolvencies.
The Manchester insolvency team at Bermans advised Andy Hosking, Sean Bucknell and Michael Kiely of Quantuma LLP as Administrators of Bolton Whites Hotel Limited.
The Hotel was a subsidiary of Bolton Wanderers Football Club and operated a 125 bed, 4- star hotel, from premises in the South Stand of Bolton’s Stadium. It provided conference, banqueting and leisure facilities and match day hospitality for the football club from a number of function suites and hospitality areas around the stadium.
The rush hour commute into Manchester City Centre ground to a halt one morning last month as a disgruntled subcontractor chose to block one of the key routes with plant hire vehicles. The protest was against of non-payment by Dawnus Construction, the main contractor appointed by Manchester City Council to carry of a £15 million road improvement scheme in Manchester and Salford.
The subcontractor, Total Plant Hire (TPL), had supplied plant and machinery to Dawnus for the scheme. When Dawnus failed to pay under the terms of the contract and TPL couldn’t get through to anyone at Dawnus or the Council it took drastic action. Sadly the action was in vain as Dawnus entered Administration that same week. TPL was said to be owed £300,000 by Dawnus. So what can TPL do to recover its money?
In the case of BHL v Leumi ABL Ltd [2017] EWHC 1871 (QB) the High Court required an invoice discounter to refund excessive collection fees charged after the administration of Cobra Beers Limited.
The Neuberg family operated a business producing light metal products and traded under the name Neuberg Metal Spinners for many years. In 1998 a company operated by Mr Neuberg called Neuberg Metal Spinners Limited went into liquidation. Despite this, the family business continued to trade under the name Neuberg Metals but through a new company, Watergate Services Limited, of which Mrs Neuberg was the sole director and secretary.
The Insolvency (England & Wales) Rules 2016 will come into effect on 6 April 2017. One of the aims of the 2016 Rules is to modernise and simplify the 1986 Rules and to encourage the use of modern technology, particularly with regard to communications with creditors by email and via the use of websites and with regard to the holding of meetings.
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The rush hour commute into Manchester City Centre ground to a halt one morning last month as a disgruntled subcontractor chose to block one of the key routes with plant hire vehicles. The protest was against of non-payment by Dawnus Construction, the main contractor appointed by Manchester City Council to carry of a £15 million road improvement scheme in Manchester and Salford.