Construction Industry

We regularly act as advisors to a variety of stakeholders before or instead of formal appointment. In that situation, it is important to remember that the directors are still in charge, and the company – and corresponding trading decisions - is their responsibility, not yours.

It’s unusual these days for suppliers of physical good stock not to have retention of title provisions in their contract. Stemming from the UK- wide Sale of Goods Act 1979, and subject to contract law, it is usually a formal insolvency procedure that triggers suppliers’ reliance on the retention of title contract provisions.

Facebook, Instagram, Twitter, Pinterest et al – nowadays it seems that there are endless, immediate ways to communicate and no limit to the audience. Almost every business has some on-line presence or personality. What social media perils lie in wait for an unsuspecting IP? And when taking control of a business on appointment, how do you take control of social media and the message?

Concluding our Business Insolvency series for 2018, we conclude with a look at the licensed trade. Pubs, hotels and restaurants operate in an increasingly challenging economic and regulatory environment: chasing an ever-diminishing disposable income of their customers, budget competitors (“pre-loading” and Air BnB) and Treasury tax hikes on alcohol to list just a few.

The rights of employees are an important consideration in any insolvency situation and balancing these rights against the needs of creditors generally is not always straightforward.

The Heath & Safety at Work Act 1974 sets out the broad health and safety duties which may apply in a workplace and the enforcement regime to ensure these are properly discharged. It is supported by over 600 subordinate regulations.

Environmental considerations are not only high profile but also bear significant risks for insolvency office holders in the form of increased claims, reputational damage, potential personal liability and criminal sanctions.