Welcome to the latest listing of the work done by our Business Support and Insolvency team during 2007 and to date.

For those that don’t know us, the team spans the M4 corridor, Paul Caldicott heads it up focusing on the South Wales, Bristol and South West region whilst David Murray concentrates on the Thames Valley, South and South East regions.

The team have been very busy advising upon a broad range of insolvency matters and acted for insolvency practitioners, corporates, directors, Banks, ABL’s and creditors.

In addition to the work listed below the team have been involved in a number of noteworthy highlights:

• Paul acted as the lead solicitor acting for the Claimant in the reported case of Hawkes v Cuddy a case involving s216, 217 IA86 and during 2007 involved a four day summary judgment hearing, a one day unsuccessful mediation, a one day Court of Appeal hearing, a trial in September lasting 15 days and we await a further Court of Appeal listing.

• Paul assisted Robin Havard of Morgan Cole’s nationally recognized Regulatory practice defend an insolvency practitioner before the Institute of Chartered Accountants Disciplinary Committee.

• David is currently providing ongoing advice to a big four accountancy practice as joint administrators of two companies in connection with distribution to unsecured creditors via interlocking CVA’s where realisations exceed £6 million.

• David, who is also a qualified Mediator, has been involved in two substantial mediations where recoveries have exceeded £1 million.

work experience 2007/2008

• acting for the joint administrators of a bag manufacturing business, drafting all sale documentation and completing a management buyout after the business was traded for eight weeks. The Complicating factors included tight deadlines, complicated financing arrangements and security issues regarding deferred consideration. 
  
• acting for the joint administrators of a ‘big four’ accountancy practice in the sale of an engineering business. 
  
• advising a liquidator of an asbestos lagging company on managing negotiations with the FSCS and ex-employees wishing to make personal injury claims. 
  
• advice to the joint administrators of a plastics extrusion business including; ROT, defending an injunction brought by a USA based joint venturer, appointment of the administrators as fixed charge receivers  and all sale document drafting. 
  
• advising a ‘big four’ accountancy practice as joint administrators of a clothing materials manufacturing business, including the eventual sale of assets to a Chinese purchaser. 
  
• the immediate purchase out of administration of a manufacturing business that makes small motors for air conditioning suppliers.   
  
• advising the Administrators of a manufacturing business involved in the production of wooden tabletops destined for use in hospital wards.
  
• acting for a collective of milk producers affected by the insolvency of a West Wales based milk processor; during the hiatus period we sought to re-negotiate the milk producer contract terms and advised upon the possibility of a creditors appointed administrator.
  
• on going advice to Receivers in relation to a substantial ‘Carousel Fraud’ involving CPUs which has resulted in the sale of CPUs following a Customs and Excise investigation and ongoing negotiations as to entitlement to sale proceeds.
  
• acting for a trustee in bankruptcy seeking possession and sale of the bankrupts matrimonial home and investigating potentially avoidable claims on a CFA basis.

   Paul Caldicott
   FABRP and Licensed Insolvency Practitioner
   Head of Business Support & Insolvency

   T: 0870 600 1762
   M: 07799 470 756
   E: paul.caldicott@morgan-cole.com

   David Murray
   Associate Business Support & Insolvency

   T: 01865 262616
   E: david.murray@morgan-cole.com