New insolvency provisions...will they help businesses survive COVID-19?
Harveys Insolvency • Jun 25, 2020

The Government has published a new Corporate Insolvency & Governance Bill which changes the options that are available to struggling businesses. The aim is to help companies to survive, safeguard jobs and protect the economy from the damaging effects of COVID-19. This introduces five significant changes to the UK’s insolvency regime. The legislation has seen changes since it came into force in 1986, however these are considered to be the biggest impacting since it was written. 



The changes fall into two categories; temporary measures & permanent changes.



Temporary Changes:

The suspension of the wrongful trading  provisions of the Insolvency Act by introducing an assumption that the directors are not responsible for any worsening of their company’s position during the pandemic.



Restricting the right of creditors to petition for companies to be wound up, where debts have not been paid due to the pandemic. Before the 30 September 2020 no statutory demands may be served & there are restrictions on winding up petitions. This period may be extended.



These provisions will apply for one month after the Bill becomes law, whichever is later. 



Permanent changes:

A new moratorium is to become available to struggling companies which will behave like the administration moratorium, initially lasting 20 days, which can be extended for up to 12 months & is overseen by an insolvency practitioner acting as ‘monitor’. It is envisaged that it will not end with an insolvent event. This replaces the old CVA moratorium which was rarely used because of flaws in its writing which expose the Insolvency Practitioner to liability. Whilst on the surface this appears to be a viable alternative, the inception required court or creditor applications and its continuation are likely to prove cost preclusive for many OMB’s who find themselves in financial difficulty. 



Supplier termination clauses to be prohibited , which results in suppliers being restricted from declining  insolvent companies vital supplies as long as new supplies are paid for.



A new restructuring plan procedure is introduced , replacing the existing ‘scheme of arrangement’ provisions in the Companies Act. It is a largely Court-based procedure, drawing on the US Chapter 11 procedure. 



The moratorium provisions were consulted on in 2016 & largely welcomed by professionals, so much of these changes were already in hand. Whilst this is still in the stages of being brought into legislation, it is anticipated that it will fully come into force by early July 2020. A number of the provisions are retrospective & directors, creditors and their advisors need to consider these when weighing up the options available. 



Only time will tell us whether the changes are sufficient to help struggling businesses to survive or whether they will become obsolete reminders of the pandemic.



All types & sizes of businesses can get into financial difficulties. The restructuring & insolvency options are complex as they need to deal with the users' differing needs. These new provisions create an additional option which our specialist at Harveys can advise upon & help business owners navigate their way to the best outcome.



For impartial, in-depth professional advice please call us on 01635 770941. We are here to help you

Share This Article

By debiharvey 10 Jul, 2023
Frequently Asked Questions - Creditors and Customers of  137 Eat Drink Distil A trading style of Lumber Distillers Limited
By debiharvey 30 Jun, 2023
Frequently Asked Questions - Creditors and Customers Hope Fashion  A trading style of NM Hope Limited
By debiharvey 09 Jun, 2023
Creditors and Customers of Hope Fashion A trading style of NM Hope Limited Frequently Asked Questions Index of FAQ’s 1. Refund Due for returned items 2. Order not received 3. Gift Vouchers 4. Prospects of creditors being paid in the Liquidation 5. I am owed money, but have not received a notice of the Liquidation 6. Who gets paid first in this Liquidation? 7. Will Hope Fashion open again? 8. How can I get in touch with former Directors and staff of Hope Fashion 9. Hope Fashion Website 10. Liquidation process explained. 1. Refund Due for returned items Hope Fashion made its best endeavours to ensure that all identified consumer refund were processed prior to creasing to trade. In the event that you have not received a refund, you will be an unsecured creditor in the Liquidation proceedings. Please see the FAQ ‘I am owed money, but have not received a notice of the liquidation’ for what to do. In addition, if you have paid for goods by credit or debit card and they are not received, you may be able to get your money back by claiming a refund from your card issuer. Please contact your card issuer as soon as you can if this applies to you. Further information including time limits, is available from Money Helper website at: https://www.moneyhelper.org.uk/en/everyday-money/credit-and-purchases/how-youre-protected-when-you-pay-by-card 2. Order not received The website closed for orders at 1pm om 9 June 2023. All orders, for which payment was received, have been dispatched by Hope Fashion prior to ceasing to trade. If Hope Fashion was unable to complete delivery of your order, it will have refunded your payment prior to ceasing to trade. Please allow a few days for the payment to have been transacted. In the event that you have not received a refund or your order, you will be an unsecured creditor in the Liquidation proceedings. Please see the FAQ ‘I am owed money, but have not received a notice of the liquidation’ for what to do. If you have paid for goods by credit or debit card and they are not received, you may be able to get your money back by claiming a refund from your card issuer. Please contact your card issuer as soon as you can if this applies to you. Further information, including time limits, is available from Money Helper website at: https://www.moneyhelper.org.uk/en/everyday-money/credit-and-purchases/how-youre-protected-when-you-pay-by-card 3. Gift Vouchers Hope Fashion can no longer honour its gift vouchers or any credits held. Any sum due to you for the gift voucher or credit you will rank as an unsecured creditor in the Liquidation proceedings. Please see the FAQ ‘I am owed money, but have not received a notice of the liquidation’ for what to do. In addition, if the voucher was paid for by credit or debit card the purchaser may be able to get the money back by claiming a refund from the card issuer. Please arrange for the card holder to contact their card issuer as soon as you can if this applies. Further information, including time limits, is available from Money Helper website at: https://www.moneyhelper.org.uk/en/everyday-money/credit-and-purchases/how-youre-protected-when-you-pay-by-card 4. Prospects of creditors being paid in the Liquidation Based on current information it is not anticipated that any monies will become available to the unsecured creditors. Please see ‘Who gets paid first in this Liquidation’. If this position changes, creditors will be advised in future communications from the liquidator. 5. I am owed money, but have not received a notice of the Liquidation If you are a creditor (owed money by the Company) and have not received notice of the intention to place the Company into Creditors Voluntary Liquidation on 28 June 2023 or the commencement of the Liquidation thereon please email Josie@HarveyInsolvency.co.uk with your details. The following information is required in your email: Name Address Email Telephone Number Amount due to you Evidence of the sum due (ie if a returned item, the postage receipt and details of your order returned) How do you want us to respond to you, by email/by letter. We will respond to you by email, unless stated otherwise by you. We will provide you with a copy of the last notice sent to creditors and access to the creditors online portal. This portal provides copies of all documentation made available to creditors throughout the liquidation proceedings for no less than three months from being issued. 6. Who gets paid first in this Liquidation? The priority of payments in insolvency is stated by legislation under the Insolvency Act 1986. In this matter the order is as follows: - 1. Costs Expenses and costs of the liquidation proceedings. 2. Preferential Creditors Employee (PAYE) wages to £800 and accrued holiday pay. 3. Secondary Preferential Creditors HMRC for VAT, PAYE & employee NIC deductions. 4. Unsecured Creditors All other parties ‘owed’ money by the Company. 7. Will Hope Fashion open again Efforts to sell the Hope Fashion as a going concern have been unsuccessful to date. It is highly unlikely that Hope Fashion will trade as it has done in the past. 8. How can I get in touch with former people at Hope Fashion Individual data of staff, Directors and customers of Hope Fashion is protected by GDPR and the liquidator or any other party associated with Hope Fashion are unable to answer these questions. However, the liquidator will pass on details of parties to the former management where sought. It is at the discretion of the recipient whether contact is made. Please email Josie@HarveyInsolvency.co.uk with your request. 9. Hope Fashion Website From 9 June 2023 no further sales will be made from the website. The website is part of the intangible assets of the Company and are for sale. The website will eventually close or come under the control of a new owner. 10. Liquidation process explained On 9 June 2023 notices have been sent to the owners (shareholders) and creditors (people who are known to be owed money) that the Company will be liquidated on 28 June 2023. On 28 June 2023, the Company will be placed into Creditors Voluntary Liquidation by the shareholders. Creditors are anticipated to have given their deemed consent to the appointment of the members liquidator. In the intervening period to Directors will conduct their duties and prepare for the winding of the Company. Harveys Insolvency & Turnaround of 2 Old Bath Road, Newbury, Berkshire, RG14 1QL have been engaged to assist the Directors with this process and their Insolvency Practitioner Debi Harvey is anticipated to be appointed Liquidator. Initial contact, where required should be made by email to Josie Badman at Josie@HarveyInsolvency.co.uk . Debi Harvey is an insolvency practitioner licensed by the Institute of Chartered Accountants England & Wales under licence number 12150 and she and her firm are bound by the Insolvency Code of Ethics. D J Harvey Harveys Insolvency & Turnaround Limited 9 June 2023
Share by: