When Wealth Meets the Year-End Reality – The sole trader
Year-End Clarity for High-Net-Worth Individuals and Business Owners A Quiet December? Not for Everyone For […]
The 12 Days of Christmas – 12 Mistakes Directors Make Before Year-End
Every December, I see the same pattern. The lights go up, the diaries slow down, […]
Failing to disclose connected party transactions during a pre pack sale is a regulatory breach under SIP 16, and for those with layered corporate structures, transparency is essential to avoid professional sanctions.
As Vee Bharkhada, Founder & Managing Director of Navigate Business Recovery Ltd, having spent over […]
Disguising a phoenix company to avoid historic debts is a criminal offence under the Fraud Act 2006 and section 216 of the Insolvency Act 1986, and investigators will trace beneficial control regardless of corporate layering.
As Vee Bharkhada, Founder & Managing Director of Navigate Business Recovery Ltd, I frequently advise directors on […]
Transferring business assets without the Administrator’s approval is unlawful under paragraph 43 of Schedule B1 and section 234 of the Insolvency Act 1986, and can result in criminal prosecution for asset diversion.
As Vee Bharkhada, Founder & Managing Director of Navigate Business Recovery Ltd, I frequently advise directors on […]
Stripping assets in anticipation of administration is viewed as fraudulent conduct under the Fraud Act 2006 and misfeasance principles, and it is closely investigated where there are signs of prior planning or insider benefit.
As Vee Bharkhada, Founder & Managing Director of Navigate Business Recovery Ltd, from the many […]
Reusing a company name after administration without court approval breaches section 216 of the Insolvency Act 1986, and this phoenix activity is a criminal offence, even if done indirectly or through a nominee.
As Vee Bharkhada, Founder & Managing Director of Navigate Business Recovery Ltd, my career, spanning […]
Providing misleading business valuations to justify a pre pack sale is a criminal fraud offence under the Fraud Act 2006, and the higher the valuation gap, the stronger the inference of intent.
As Vee Bharkhada, Founder & Managing Director of Navigate Business Recovery Ltd, from the many […]
Misusing the protection of the administration moratorium can result in civil or criminal proceedings under Schedule B1, paragraphs 43 to 44 of the Insolvency Act 1986. Even high level businesspeople are not exempt from accountability during this court supervised process.
As Vee Bharkhada, Founder & Managing Director of Navigate Business Recovery Ltd, I often advise directors who […]
Failure to cooperate with the Administrator breaches your legal duty under paragraph 64 of Schedule B1 to the Insolvency Act 1986. For directors with public profiles or complex holdings, this can escalate quickly to civil or criminal enforcement.
As Vee Bharkhada, Founder & Managing Director of Navigate Business Recovery Ltd, I frequently work […]
Failing to market the business properly before a pre pack sale can breach SIP 16, exposing directors and advisers to regulatory consequences if the process appears to benefit insiders at the expense of creditors.
As Vee Bharkhada, Founder & Managing Director of Navigate Business Recovery Ltd, I know that Pre […]
Partnership Offence Pre emptive Restructuring as Undervalue Dealing (s.238 IA 1986)
Well advised partners in high profile firms are often unaware that ‘pre emptive restructuring’ could […]
Partnership Offence Failure to Deliver Records (s.234 IA 1986)
When a high profile partnership fails, failure to deliver up records can lead to criminal […]
Individual Voluntary Arrangements (IVA)
Individual Voluntary Arrangements (IVA): A Flexible Alternative to Bankruptcy As a director of a UK [...]
Concealment of Property (s.353 IA 1986)
Concealment of Property in Bankruptcy: Hiding Assets from Your Creditors – A Dangerous Path When [...]
Brexit on cross-border insolvency?
So, the United Kingdom exited from the European Union on 31 March 2021. Here we [...]
Directors Loan Accounts (DLA) (Overdrawn)
Directors Loan Accounts (DLA) (Overdrawn): Personal Debt to a Failing Company As a director of a UK [...]
How does bankruptcy affect your divorce?
Divorce and bankruptcy are both very difficult and emotionally stressful if you are going through [...]
When Can Liquidators Investigate Your Transactions
The Two Year Rule: How Long Must You Remain Concerned About Past Transactions For directors […]
Using the Equality Act 2010 to Secure Reasonable Adjustments in Insolvency Investigations
Introduction: Why Reasonable Adjustments Matter Directors who are undergoing scrutiny through insolvency investigations frequently experience […]
Director Behaviour is Under Closer Scrutiny
Director conduct has become a central focus of insolvency investigations. Beyond assessing financial decisions, regulators […]
Article Undertakings are Replacing Court Hearings
In recent years the Insolvency Service has increasingly preferred to resolve director disqualification cases by […]
Bankruptcy Annulment: The Detailed Guide to Reversing Your Bankruptcy Order
Annulment of a bankruptcy order can provide you with a fresh financial start by effectively […]
Which Taxes Are Included in a Bankruptcy?
HMRC used to have a special status as a creditor, which means they would get […]
Director Behaviour is Under Closer Scrutiny
Director conduct has become a central focus of insolvency investigations. Beyond assessing financial decisions, regulators […]
Article Undertakings are Replacing Court Hearings
In recent years the Insolvency Service has increasingly preferred to resolve director disqualification cases by […]
Understanding the Consequences: Insights from Official Cases & Regulatory Frameworks
For directors, CEOs, and individuals of significant standing, managing corporate financial challenges extends far beyond […]
Bankruptcy Annulment: The Detailed Guide to Reversing Your Bankruptcy Order
Annulment of a bankruptcy order can provide you with a fresh financial start by effectively […]
Which Taxes Are Included in a Bankruptcy?
HMRC used to have a special status as a creditor, which means they would get […]
Case Dropped Due to Medical Evidence and Procedural Flaws
The situationWe were approached by a client who had been receiving repeated notices from the […]
BBL Disqualification Reduced from 12 Years to 5
The situationOur client was a sole director of a small logistics company that had been […]
The impact of ISG’s administration since September 2024
Eight entities of the construction giant ISG entered administration and as a result, all its UK […]
Thinking of Starting Again After Insolvency? Here’s How to Get it Right.
Starting again after a company closure can feel like standing at the bottom of a […]
Business Restructuring
Restructuring a business can be a daunting issue to discuss or face. But, for many […]
Medical Evidence – Alternative Arrangements
Key Takeaways for Directors Facing an Online Insolvency Interview • You have the right to […]
Challenging Online Interview article
Key Takeaways for Directors Facing an Online Insolvency Interview • You have the right to […]
Mental Capacity
We often handle cases where directors are facing depression and other mental health challenges related […]
Analysing the Different Perspectives of Sole Director Decisions
Two separate cases disputed whether the decision of a sole Director of a company could […]
Landlords Insolvency
Commercial Landlord and Insolvency Landlord facing insolvency can leave the tenants in a very difficult […]
Has the Commercial Rent (Coronavirus) Act 2022 Come Too Late?
The Commercial Rent (Coronavirus) Act 2022 came into effect on 24 March 2022 – but […]
Which Taxes Are Included in a Bankruptcy?
HMRC used to have a special status as a creditor, which means they would get […]
Bankruptcy and Director Disqualification
A director can be disqualified for many reasons such as non-payment of taxes, fraudulent trading […]
Level Up the Profitability of Your Business with our tips
Making your business profitable is a key step to success. There are many things you […]
How to Use Consultants to Maximise the Success of your Project
Consultants can be extremely helpful when it comes to getting a project off the ground, […]
How to Reduce Business Running Costs Without Sacrificing Quality
Having a tight lid on business costs will ultimately determine its long-term success. Here’s how […]
How to Negotiate a Sale Like a Pro
When it comes to selling, there are a few things you need to keep in […]
How to Effectively Manage Cashflow
Cash flow is a headache for nearly every business owner. Here are some tips to […]
How to Create a Solid Budget
Without a budget, businesses have no way of knowing how much money they have coming […]
How to Avoid Getting Stung When Offering Credit
People are more willing to do business with you if you offer credit – but […]
Everything you Need to Know about Setting up a Payroll System
As a business owner, you are responsible for ensuring that your employees are paid correctly […]
A Cheat Sheet to Get the Best Price for Your Purchase
Many people feel anxiety when it comes to negotiating purchases, whether it be for a […]
Mediation Guestlist: Key Considerations
The people who attend mediation will play a crucial role in its eventual outcome, which […]
Six Ways to Create Emotional Connections in Virtual Mediations
When you’re mediating, it’s important to create an emotional connection with the other person or […]
How Can I Deal With a Freezing Order?
What is a Freezing Order? If you have assets in the UK and someone gets […]
How to close and settle the final offer in a mediation
You don’t have to have ever sat in a mediation to know the disagreeing parties […]
How To Get The Outcome You Want From Commercial Mediation?
Commercial mediation is an underrated dispute resolution tool. Don’t believe me? Let’s check out the […]
Have you been wrongfully removed as company director or shareholder?
Individuals being removed as company director and/or shareholder without just cause happens frequently – more […]
Understanding The Role of Emotion in Mediation
As much as mediation is there to help solve dispute, it’s still boils down to […]
The Consequences of Breaching Companies Act 2006
The Companies Act 2006 is the UK’s primary piece of legislation governing companies and other […]
Understanding the Memorandum and Article of Association
The memorandum of association and the articles of association are pre-requisites to forming a company […]
Director Allegations and their Consequences
The Company Directors Disqualification Act exists to primarily protect company stakeholders from losses by ensuring […]
The Gloves Are Off With Winding Up Petitions
As of 1 April 2022, creditors can present winding up petitions (WUP) with almost no […]
Why separated and divorcing couples should consider mediation
Mediation for separated and divorcing couples Mediation is a method for approaching conflicts and disputes […]
What are the benefits of applying to the court to seek permission to act as director ?
I have provided more information below of the benefits of making an application to remain […]
Company Directors Disqualification Act 1986 – Section 11
There are many grounds which give rise to disqualification as a director – the most […]
Company Directors Disqualification Act 1986 – Section 9
It is very important that before you agree to a voluntary undertaking that you take […]
Company Directors Disqualification Act 1986 – Section 3
There are many reasons which you can be disqualified for as a director and one […]
Directors Disqualification Compensation Orders – Top Tips
Compensation orders were introduced in 2015 and can lead to personal claims against directors who […]
Serious Consequences of disqualification
It is so important to have the right guidance and advice when you are faced […]
Circumstances where a director can be disqualified
When can a director be disqualified? It is really important that you fully understand the […]
Boardroom Disputes
Regrettably for many firms a boardroom dispute is very common, whether it’s a limited company […]
Acting as Director whilst you are disqualified
Acting whilst disqualified is very serious. It can lead to longer periods of disqualification – […]
Powers extended for the Insolvency service.
The Insolvency Service now has extended powers in relation to directors dissolving companies to avoid […]
How long can a director be disqualified for ?
The number of years for a director to be disqualified is anything from 2 to […]
Bankruptcy Questions everyone worries about
If you’ve got serious financial problems you may have been told that bankruptcy is an […]
Company Directors Disqualification Act 1986
What happens if you breach a disqualification order If you carry on acting as a […]
What Will Happen To The Matrimonial Home If A Spouse Becomes Bankrupt?
When a spouse becomes bankrupt, their property will vest in the trustee in bankruptcy. This […]
The bankruptcy register explained
There are many different terms you’ll see used when the subject of debts and insolvency […]
Legal advice on opposing winding up petitions
A winding up petition (WUP) is a legal process taken by a person or company ( […]
Frozen bank accounts and suspicious activity reports
The Proceeds of Crime Act 2002 places positive obligations on the regulated sector to disclose […]
Update on Covid restrictions and Winding up Petitions
Update on Covid restrictions on the use of insolvency against companies on 1st October 2021 The […]
New Breathing Space regulations for individuals
The new Debt Respite Scheme (Breathing Space Moratorium and Mental Health Crisis Moratorium) (England and […]
Addition Of A New Debt To An Existing Bankruptcy Petition
Q: A debtor has multiple accounts, and an additional debt is discovered or linked after bankruptcy […]
IR35 UPDATE
There have been a couple of interesting developments in relation to IR35. IR35 is concerned […]
Bounce Back Loan Fraud post pandemic
The Government started to offer support to business owners soon after Covid 19 in April […]
A new bill for fraudulent directors?
In the first three months of 2021, almost 40,000 companies were struck off the Companies […]
Top 10 things to look out for to STOP a company from being declared Insolvent.
I did this blog as a presentation to a networking group which I have been […]
Carrying out online mediations
I have been mediating for several years now and with the Covid Pandemic I have […]
HMRC plan to introduce changes for the self-employed from 2023
HMRC are consulting on changes which will affect the income tax payments of many sole […]
Reporting and Paying the Loan Charge
Calculate the amount of your outstanding loans as at 5th April 2021 – do this […]
Top 10 things to look out for to STOP a company from being declared Insolvent
My last presentation to the group was on the different types of Directors and their […]
Managing the rise of third-party insolvency risks
How to protect your business from the increasing risks relating to insolvency as the government […]
The Impact Of Bankruptcy On Divorce Proceedings
How does bankruptcy affect your divorce? Divorce and bankruptcy are both very difficult and emotionally […]
Simple guide to Restoring a Dissolved Company at Companies House
When a company has been struck off or dissolved, it is removed from the Companies House register and cannot trade, […]
Have you accessed government support for your business?
What is the outlook be for your business post September 2021 when its time to […]
What is a completion certificate in an individual voluntary arrangement
Individual Voluntary Arrangement ( IVA) – Completion certificate What is an IVA completion certificate? An […]
Considerations when starting your Business as a Traditional Partnership or Limited Liability Partnership
If you are combining capital and expertise with one or more people, you may wish […]
What are the restrictions in Bankruptcy in the UK?
Upon the making of a Bankruptcy Order, for a period of twelve months thereafter the […]
How to deal with a Loan charge
Loan Charges The loan charge has come into effect since XXXXX . Here are some […]
Why is your account being frozen or closed?
So many different reasons why a bank account might get closed or get frozen by […]
Mediation Case Study
THE ISSUE At the recommendation of solicitors involved with a dispute, we recently assisted parties […]
Fraud in Bankruptcy
Bankruptcy fraud When applying for bankruptcy it’s important that you provide all the correct information, […]
The Bounce Back Loan ( BBL ) Saga
Over 800,000 businesses affected by the Covid pandemic received the BBL in the first six […]
HMRC Claims Against Company Directors
Company directors are generally NOT liable for a company’s debts. HMRC is a special type […]
Prohibited Names and Phoenix Companies
Have you at any point been involved in a company which went into liquidation or […]
What is a dividend?
A dividend is a payment a company can make to shareholders if it has made a […]
Can you use equity release to pay off debts?
Equity release is when property owners release cash from their property in exchange for later repayment […]
Business credit score
How to check and improve your company credit report Running a business can be both […]
Bankruptcy and Rent arrears
Bankruptcy is not of itself a ground for possession, but rent arrears are. However, the […]
Understanding joint and several liability in a Limited Liability Partnership
This article provides some guidance around ‘joint and several liability’ in a business partnership and […]
County Court Judgements do’s and dont’s
What is a County Court Judgements (CCJ) A CCJ or a high court judgment relates […]
Who gets paid first in liquidations?
Priority of payments in liquidations When a company is placed into liquidation there is a […]
The Pre pack administrations saga
Sales of assets in administrations Pre-pack sales? What are Pre-Pack Sales – They are referred […]
Things we can help with
Company Directors Disqualification Act If you have you been contacted by the Insolvency Service or […]
The Insolvency Law Handbook
It is the fourth one on the series and such and easy read. I haven’t […]
Section 447 investigation
Companies Act 1985 – Section 447 Investigations So, what is Section 447 Investigation ? […]
Accountants and Covid Loans
Have any of your clients taken out a Covid-based loan? If so, then what are […]
Directors can be made liable for Insolvent Companies Tax Debts
As you may be aware with effect from 22nd July 2020 HMRC can, in certain circumstances, […]
Beware Company Directors of Dissolved Companies
Beware Company Directors! Directors’ Disqualification procedures and Dissolved Companies The house of lords is currently […]
Winding Up Petitions – lifting the restrictions
The Government confirmed that the restrictions on the presentation of winding up petitions would be […]
What is IR35?
IR35 is a piece of government legislation created to help distinguish genuinely independent contractors from […]
Understanding Statutory Books and records
What are statutory books and records? A business’s statutory books contain the records of those […]
Understanding IR35
The IR35 rules that came into effect in April 2021 and are there to stop […]
Take advice ASAP
Don’t wait too long to take advice if your business is struggling! Often there are […]
NBR – how it helps directors investigations
Directors who are under investigation and Company Directors Disqualification Act 1986 – Section 447 Companies […]
HMRC changes to Preferential status
HMRC will once again be treated as a preferential creditor for insolvencies after 6 April […]
Company Directors and criminal prosecution
The Companies Act 2006 and Insolvency Act 1986 contain a number of criminal offences. The […]
Bankruptcy and divorce
The impact of bankruptcy on divorce proceedings Any assets owned jointly between a divorcing couple […]
Applications for Permission to Act Following Bankruptcy or Disqualification
If you are made bankrupt or disqualified or about to be disqualified as a director […]
What is a County Court Judgements (CCJ)
A CCJ or a high court judgment relates to when someone takes court action against […]
Priority of payments in liquidations
When a company is placed into liquidation there is a priority of who is paid […]
Sales of assets in administrations
Pre-pack sales? What are Pre-Pack Sales – They are referred to as pre-pack administrations. The […]
The applicability of e-signatures
More than a year of socially restrictive measures has seen many industries move to a […]
Alan Kennedy – Time Team and Money
Video testimonial from Alan Kennedy – Time Team and Money
What is a phoenix company?
A phoenix company describes a business that is formed when the assets of an insolvent […]
What are the restrictions in Bankruptcy in the UK?
Upon the making of a Bankruptcy Order, for a period of twelve months thereafter the […]
What are debentures?
A debenture is a loan agreement in writing between a borrower and a lender that […]
Tips for preparing an annual budget
Here are some additional tips you can use to prepare an annual budget for a […]
Priority of payments in Liquidation
Which creditors get paid first when a company is insolvent? Not all creditors are treated […]
How long do bankruptcy restrictions last?
In short, restrictions last until an individual’s bankruptcy ends. Provided the debtor cooperates with his […]
Funding Solutions – What is the difference between factoring and invoice discounting?
What is the difference between factoring and invoice discounting? The main difference between factoring and […]
Funding Solutions – factoring and invoice discounting
Factoring and invoice discounting provide an alternative funding option to businesses, either as a stand-alone facility, or […]
Debentures – FAQs
Are debtors a floating charge asset? Debtors can fall into the fixed charge category under […]
Considerations when starting your Business as a Traditional Partnership or Limited Liability Partnership
If you are combining capital and expertise with one or more people, you may wish […]
Considerations when starting your business as a Sole Trader
Setting up as a sole trader is the simplest form of legal structure for a […]
Is a Phoenix Company legal?
The truth is most companies don’t fail because of director misconduct. Therefore, from a strictly […]
Is Budgeting important? #8
Financial satisfaction Financial satisfaction is one of the foundational elements of good financial behaviour and […]
Is Budgeting important? #7
Feeling Financially Overwhelmed Talking about your finances can be overwhelming. I have heard of families, […]
Is Budgeting Important? Yes!
Budgeting is one of the most important financial habits you can adopt. But if you’ve […]
Is Budgeting important? #6
Budgeting Keeps You Organized Disorganisation is another one of those words that does not mix […]
Is Budgeting important? #5
Budgeting Keeps You On Track For Your Financial Goals Along the same lines of controlling […]
Is Budgeting important? #4
Budgeting Helps You Get (And Stay) Ahead Ok, after everything we have talked about, this […]
Is Budgeting Important? #3
Budgeting Helps You Avoid Or Get Out Of Debt We talk a lot about the […]
We answer your questions about the Striking Off Process for a Limited Company
What does it mean to strike off a company? Striking off is the process by […]
How To Prepare an Annual Budget for a Company
A carefully planned annual budget allows you to continually track where the financial health of […]
6 steps to get out of a commercial lease early
There are several reasons why you might want to exit a lease early. Perhaps the […]
3 steps to understand phoenix companies
A phoenix company is – A phoenix company describes a business that is formed when […]
Factoring or invoice discounting?
Factoring and invoice discounting provide an alternative funding option to businesses, either as a stand-alone facility, or […]
The difference between factoring and invoice discounting?
The main difference between factoring and invoice discounting is the way in which the debts […]
3 tips for redundancy pay for directors
As the director of a limited company, you probably have some understanding of redundancy payments […]
Is a company name always prohibited after liquidation?
When a company enters insolvent liquidation, a director or shadow director (or someone involved in […]
We answer your questions about debentures
A debenture is a loan agreement in writing between a borrower and a lender that […]
Furlough Fraud
The Government’s Job Retention Scheme (or furlough scheme) has ensured that many people who would […]
Prohibited Company Name? or is it? – Liquidation
When a company enters insolvent liquidation, a director or shadow director (or someone involved in […]
Legal Considerations When Starting Your Own Business
The Covid-19 pandemic has already or will unfortunately result in redundancy for many people. But […]
Options when an IVA fails?
What is an IVA? An individual voluntary arrangement (IVA) is an agreement made between an individual debtor […]
Is Budgeting important? – Part 2
Budgeting Helps You Save Money In a roundabout way, I have already talked about this, […]
Is Budgeting important?
Budgeting Helps You Control Your Spending Let’s be honest, when you operate your finances without […]
Bankruptcy – The effects on a house you are renting
Is your rented property affected when you are insolvent? Whether your rented property is affected […]
Bankruptcy – Social and private landlords
Your home is at risk if either you or your partner are bankrupt depending on […]
Bankruptcy and Rent arrears
Bankruptcy is not of itself a ground for possession, but rent arrears are. However, the […]
Bankruptcy – Can you move home if you are bankrupt?
You can move home if you are bankrupt and you can also rent another property. […]
Bankruptcy and Assured shorthold tenancies (ASTs)
Most private landlords will grant assured shorthold tenancies (ASTs). If the tenancy is drawn up […]
Why are phoenix companies legal?
Phoenix companies often sit badly when tried in the ‘court of public opinion’. But what […]
How To Prepare an Annual Budget for a Company
A carefully planned annual budget allows you to continually track where the financial health of […]
What happens after a bankruptcy order has been made – living abroad?
Once a Bankruptcy Order is made, the adjudicator delivers a copy of the order to […]
What is an injunction and how can they help my business?
Businesses and individuals in a legal dispute can apply to the courts for an injunction to make […]
How do you declare bankruptcy in England or Wales if you live abroad?
The procedure for declaring bankruptcy is the same wherever the debtor is now living. Provided […]
Can you declare bankruptcy in England or Wales if you live abroad?
Can you declare bankruptcy in England or Wales if you live abroad? An individual can […]
How to survive as a business amidst an unexpected lockdown of the economy
Surviving in an unexpected lockdown We are in unchartered territory. We are amid a […]
Fraudulent trading – We answer your questions – part 7
Mitigating circumstances It all depends on if you have any prior convictions or a similar […]
Fraudulent trading – We answer your questions – part 6
Sentencing in Fraudulent trading It all depends on what you have been charged with. It […]
Fraudulent trading – We answer your questions – part 5
Can you go to Prison? Fraudulent trading is believed to be a serious offence which […]
Fraudulent trading – We answer your questions – part 4
Can your home be searched by the Police? Yes. If there is ANY suspicion that […]
COVID-19 CORPORATE FINANCING FACILITY
The Covid Corporate Financing Facility (CCFF, the Facility) will provide funding to businesses by purchasing […]
Fraudulent trading – We answer your questions – part 3
Take advice immediately – Why Navigate Business Recovery We have successfully acted on behalf of […]
Fraudulent trading – We answer your questions – part 2
Actions which are caught under Fraudulent Trading. It is normally the police who investigate and […]
Fraudulent trading – We answer your questions – part 1
If you have been accused of carrying on your business activity with the intention of […]
#businessbanter with Simon Warnford Davis – Profit Plus – Part 3
Getting to the Nitty Gritty of Business! – Part 3
#businessbanter with Simon Warnford Davis – Profit Plus – Part 2
Getting to the Nitty Gritty of Business! – Part 2
#businessbanter with Simon Warnford Davis – Profit Plus – Part 1
Getting to the Nitty Gritty of Business! – Part 1
#businessbanter with Tim Wraith – Sobell House
All about Tim Wraith and the brilliant work at Sobell House
#businessbanter with Alan Kennedy
The Accountant who said ‘Life is like accounting, everything must be balanced’
Surviving Bankruptcy
Note: certain names and details have been changed to protect the privacy of the persons […]
Accidental Furlough Fraud
The Government’s Job Retention Scheme (or furlough scheme) has ensured that many people who would […]
Fraudulent trading part seven: Mitigating circumstances
It all depends on if you have any prior convictions or a similar situation. Your […]
How to apply: Recovery Loan Scheme
The Recovery Loan Scheme (RLS) is available for businesses through several British Business Bank accredited […]
Fraudulent trading part six: Sentencing in fraudulent trading
It all depends on what you have been charged with. It ranges from the maximum […]
Fraudulent trading part five: Can I go to prison?
Fraudulent trading is believed to be a serious offence which may end up with you […]
What happens after a bankruptcy order has been made – living abroad?
Once a Bankruptcy Order is made, the adjudicator delivers a copy of the order to […]
Can you declare bankruptcy in England or Wales if you live abroad?
An individual can make an application for a Bankruptcy Order to be made against themselves only on […]
How do you declare bankruptcy in England or Wales if you live abroad?
The procedure for declaring bankruptcy is the same wherever the debtor is now living. Provided […]
Surviving in an unexpected lockdown
We are in unchartered territory. We are amid a health crisis that is creating an […]
The Recovery Loan Scheme (RLS) is available for businesses through several British Business Bank accredited lenders across the UK.
A key aim of the Recovery Loan Scheme is to improve the terms on offer […]
What is an injunction and how can they help my business?
Businesses and individuals in a legal dispute can apply to the courts for an injunction to make […]
Bankruptcy – The effects on a house you are renting.
Is your rented property affected when you are insolvent? Whether your rented property is affected […]
Bankruptcy – Social and private landlords
Your home is at risk if either you or your partner are bankrupt depending on […]
What happens if I am made personally bankrupt?
When you are declared bankrupt, the official receiver takes ownership of all your assets apart […]
How likely are my creditors to accept some form of voluntary arrangement?
It is only unsecured creditors who take part in voting on the establishment of a […]
What different types of creditor are there and how are they paid off?
Once a company goes into liquidation or an individual is made bankrupt, it will be […]
Can I make arrangements to sell my company’s business (or part of it) before it goes into administration, that the administrator can then follow through when they are appointed?
Generally, yes, although there can sometimes be problems. Lawyers call the process a ‘pre-pack administration’, […]
Buying your insolvent company’s business, from the liquidator or administrator?
It’s common for former shareholders and directors of an insolvent company to form a new […]
What are the consequences of being a director of a company which has been put into administration or liquidated?
If you are suspected of fraudulent or wrongful trading, action may be taken against you […]
Director’s responsibilities: Insolvency and liquidation
What are my responsibilities as a director of a company in administration or liquidation? Your […]
Fraudulent trading part four: Can my home be searched by the police?
Yes. If there is any suspicion that you have defrauded your creditors intentionally, then whoever […]
Fraudulent trading part three: Take advice immediately
We have successfully acted on behalf of directors who have had allegation made against them […]
Fraudulent trading part two: What actions constitute fraudulent trading?
It is normally the police or other government agencies such as the Organised Crime Agency […]
Fraudulent trading part one: Have you been accused of fraudulent trading?
If you have been accused of carrying out your business activity with the intention of […]
Bankruptcy and divorce
Divorce affects not only the couples going through with the process but almost everyone close […]
My husband is made bankrupt during the divorce.
Bankruptcy is one way to deal with your financial situation, as in if you have […]
Bankruptcy and Financial Settlement/ Ancillary Relief (Divorce) 3 cases
We have been advising a few clients over the last 2 years in relation to […]
Judicial Separation
This article looks at Judicial Separation which is an alternative way for couples to deal […]
We answer your questions about the Striking Off Process for a Limited Company
What does it mean to strike off a company? Striking off is the process by […]
Bankruptcy and divorce: protecting your assets
Divorce affects not only the couples going through with the process but almost everyone close […]
Has your spouse gone bankrupt during the divorce?
My husband is made bankrupt during the divorce Bankruptcy is one way to deal with […]
Directors beware – Books and Records
There are certain matters which directors need to adhere to when placing a Company into […]
Support for creditors
So often we come across creditors who are owed money from companies who have gone […]
How to recover an outstanding payment from a customer
Case Background We recently got involved with two businesses in successfully claiming an outstanding payment […]
Personal Guarantees ( PG )
As a business director you will sometimes find yourself thinking about what business finance options […]
How do I resign as Company Director?
There are various reasons why you may wish to resign from a Limited Company, namely […]
Is Credit Correction a Scam? (CC)
There is every possibility if you are approached by an individual or company offering CC […]
Unfit Conduct by directors in insolvency
In insolvency, directors that side-step their legal and fiduciary responsibilities may be disqualified from being […]
We answer your questions about the Striking Off Process for a Limited Company
What does it mean to strike off a company? Striking off is the process by […]
Judicial Separation
This article looks at Judicial Separation which is an alternative way for couples to deal […]
What happens to my debt if I move abroad?
If you leave the United Kingdom without having paid your debt, different rules and regulations […]
Insolvencies in 2021: who is most likely to be affected?
In 2021, we are going to see a rise in insolvencies. This is for numerous […]
Matrimonial Case – Critchell vs Critchell
The original settlement When Mr and Mrs Critchell separated in 2010, Mr Critchell moved out […]
Bankruptcy and Financial Settlement – Matrimonial causes Act 1973
We often deal with clients in bankruptcy where there has been a financial settlement agreed […]
The 2021 business insolvency picture
I have been rifling through 2020 insolvency data to try and understand and predict the […]
Does Bankruptcy affect my husband/wife?
The effect personal bankruptcy will have on your husband or wife is a question regularly […]
Bankruptcy and Divorce
Over the last number of years, it has been quite common divorce and bankruptcy proceedings […]
Business Insolvency – Is your Company insolvent?
It is easy to establish if your Company is insolvent or not. This is determined […]
Directors Responsibilities
The position of director brings both rewards and responsibilities upon an individual. Whether you are […]
Faith or fate?
Since the pandemic took the UK by storm around this time last year, I have […]
Two advantages of having a business bank account
If you are a Director of a Limited Company, this means you as a person […]
Understanding my credit file
If you have ever borrowed money from a lender, such as a bank or building […]
Litigation V Mediation
Covid19 and litigation So, we come to the end of 2020 and we have seen […]
Employees Redundancy Claims in Liquidation
Employees redundancy claims in liquidation? In a liquidation the Redundancy Payments Service (RPS) will be […]
Businesses cannot repay Bounce Back Loans
Repayments of Bounce Back Loans Due to the Coronavirus and its negative impact on businesses, […]
Is bankruptcy the right thing for me?
Bankruptcy is the final solution for any individual who has debts which they are no […]
What is creditors voluntary liquidation?
What is Creditors Voluntary Liquidation (“CVL”) A process called Company Winding- up and is led […]
What is Compulsory Liquidation
Compulsory Liquidation A process led by creditors where the company is placed into Compulsory Liquidation […]
Unfit conduct and fraudulent wrongful trading
Unfit Conduct by directors in insolvency In insolvency, directors that side-step their legal and fiduciary […]
HMRC Enquiry
HMRC Enquiry Letter The questions The first letter from HM Revenue & Customs (HMRC) might […]
Facing financial difficulties Insolvency options
Insolvency options Facing financial difficulties can cause a great deal of stress as well as […]
Directors Duties and personal Guarantee in Liquidation
Directors – Duties, Responsibilities and Personal Liability The role of the director A limited company […]
CVA IVA and partnerships
Voluntary Arrangements – Company, Partnership or Individual A legally binding agreement between a company (“CVA”), […]
Covid Funding Grants and fraud
Covid Funding/grants and fraud Claims for financial support may be deemed fraudulent if the company […]
Resign as a company director
How to resign as Company Director? There are various reasons why you may wish to […]
HMRC preferential status affects 2020
How will HMRC’s preferential creditor status affect the insolvency process in 2020? In the 2018 Budget, […]
Moratoriums: CIGA 2020 (part three)
The Corporate Insolvency and Governance Act (CIGA) 2020 was introduced as a response to the […]
FRAUD CONCERNS
FRAUD CONCERNS There are various articles relating to the various types of fraud on our […]
Crisis management
Delivering results in a crisis In any given crisis almost, immediate action is required and […]
Coping with Bankruptcy
Coping with Bankruptcy For those who may suffer from anxiety surrounding overwhelming debt and feel […]
Commercial Lease dispute case study
Lease dispute Case Study The Challenge – The parties were in dispute over a lease […]
Bankruptcy Annulments
Bankruptcy Annulments Although an individual may be declared bankrupt, if their assets total more than […]
Pre Insolvency Advice Blog
Preparing for Insolvency Over the last few months, we are being asked more frequently for […]
Dos and don’t for directors on the verge of Insolvency
Dos and don’ts for directors of a company on the brink of insolvency Do’s Make […]
Confused about Business Structures
How to decide on your business structure Having made the decision to be your own […]
#businessbanter with Alistair Stirling
Great conversation with Alistair Stirling about various aspects of his business
#businessbanter with Simon Warnford-Davis
I had an interesting conversation with Simon this morning about various aspects…
Entrepreneurship and the 21st Century
Running your own business is not for everyone! The following attributes will hopefully help you […]
LIQUIDATION AND BOUNCE BACK LOANS
Covid- 19 has impacted people and businesses all over the world! The Bounce Back Loan […]
What happens if you cannot repay the loans?
The Government has provided an extensive support package for some struggling businesses known as the […]
Do you know how your Charity’s financial difficulties might affect you personally?
If, for any number of reasons, the charity with which you are working is facing […]
Tax Return Discovery Assessments by HMRC
After you have submitted a tax return you might well be reassured that there are […]
Fed up of bring a director / resignations.
Resigning as Company Director There is a so many reasons why you might want to […]
Directors beware !
Are you at risk of being disqualified as a Director? One of the potential outcomes […]
Are you Thinking of Closing Your Company Down?
If your company is solvent and you have reached the stage where, for whatever reason […]
What happens if I am made personally bankrupt?
Some clients we have worked with find bankruptcy a devastating process whilst others deal with […]
Failing to Plan is Planning to Fail – Business Plan
A business plan is important for all businesses, not just start-ups. The sole purpose of […]
Take the easier option! Mediation
Mediation is essentially an assisted negotiation. It is a way of solving disputes and differences […]
It’s great when a business is saved! Tenants and Landlords
We were contacted by a glass manufacturer based in Leicester who had rental obligations that […]
Restructuring your business: CIGA 2020 (part two)
The Corporate Insolvency and Governance Act 2020 was introduced as a response to the Covid-19 […]
Business Disputes Impact of coronavirus
Business Disputes the effects of Covid19 The predictions show that there will be a significant […]
Bankruptcy and Foreign issues
Bankruptcy and Foreign issues This fact sheet tells you when you can go bankrupt in […]
To pay or not to pay: CIGA 2020 (part one)
The Corporate Insolvency and Governance Act 2020 was introduced as a response to the Covid-19 […]
Thinking about closing down your company?
The decision to close down a business is difficult because not only does it have […]
Bankruptcy case study
The Business Two Directors of an IT company were referred to us, as the Company […]
It’s not always Insolvent!
Our clients who specialise in Health and Safety Audits and projects for public entertainment spaces […]
Overdrawn Directors Loan Accounts & Preferences in an Insolvency Company XYZ
At Navigate Business Recovery, we were instructed to advise a company selling software to Accountants. […]
Tips for Businesses – Covid19
As the COVID-19 situation progresses daily, quick decision and focused action must be on managing […]
Bankruptcy restrictions orders (BRO)
Bankruptcy is normally a reasonably simple process and in some cases a relief from all […]
Voluntary Arrangement Case Study
Note: certain names and details have been changed to protect the privacy of the persons […]
Mediation Case Study
Note: certain names and details have been changed to protect the privacy of the persons […]
How Contractors can close down their Limited Company
If you are a Contractor and you no longer need your Limited Company, for whatever […]
Learning from Failure and Liquidation
We often speak to clients who feel awful and stress about the process. It is […]
To sue or not to sue?
When faced with an outstanding debt, your initial reaction may be to decide to sue […]
Turnaround Case Study
The Problem Towards the latter days of when we were in the Brexit campaign, a […]
Business Distress
If you think your business may be showing signs of stress, then it is important […]
Saving a Business when a Petition arrives
Background Our clients traded as a Garden nursery with a turnover of £375,000,000 and assets […]
Served with a Bankruptcy Petition?
If you are being threatened with or have been served a bankruptcy petition, here is […]
3 things your business can do in a lockdown to survive
Many businesses have had to close amid local lockdowns in various parts of the UK. […]
4 Ways to Avoid an Investment Scam
The covid-19 pandemic has put a dent in nearly everyone’s pocket, and so people are […]
5 Ways to Avoid Redundancies
On 7 September 2020, news broke that British employers are planning more than 300,000 redundancies […]
Company rescue is our business model
Unfortunately, tens of thousands of businesses experience severe financial problems on an annual basis and […]
Our tips to help you get your business finances in order
Review your cash flow Cash flow is vital for the survival of a business. Look […]
How to maintain a healthy credit score during a recession (or any time)
Among the things hit hard during a recession can be our business, our pockets and […]
Saving a family and a home
Terry and Michaela had recently purchased their first new home and had a secured mortgage. […]
Are your business finances in order?
Review your cash flow Cash flow is vital for the survival of a business. Look […]
Four tips on how to survive a recession
The United Kingdom has entered into an official recession for the first time in 11 […]
HMRC Enquiry Letter
The questions The first letter from HM Revenue & Customs (HMRC) might be asking you […]
Coping with Bankruptcy
For those who may suffer from anxiety surrounding overwhelming debt and feel a sense of […]
Corporate Credit Correction (‘CCC’)
Many businesses throughout the United Kingdom often need to get credit from their banks, suppliers […]
Who is the Official Receiver (“OR”) and what is their role in a Bankruptcy process?
Bankruptcy The Official Receiver (“OR”) is an Officer of the Court or a Civil […]
Bankruptcy & Divorce
What are the implications surrounding these? And the impact it can have on you and […]
WHAT ARE THE ADVANTAGES AND DISADVANTAGES OF ADMINISTRATION?
An Administration process can be used if your business is financially distressed but has a […]
Types of Injunctions
What is an injunction? An injunction is an order of the Court requiring a party […]
Saving A Lease Dispute from Meltdown
The Business Established in 2011 in Milton Keynes, the director of the company has rapidly […]
What Does the Liquidator Do?
While it is a straightforward process, company liquidation encompasses a number of complex issues that […]
Who is the Official Receiver (“OR”) and what is their role?
Compulsory Liquidation The Official Receiver (“OR”) is an Officer of the Court or a Civil […]
ALAN AND ALISONS’ BANKRUPTCY CASE STUDY
Customer BACKGROUND Alan and Alison Smith took out a loan which was secured against their […]
New Legislation for Directors’ Corporate Insolvency and Governance Bill
The last few months have significantly affected all businesses owners, not just their business but […]
More Bad News for Directors?
Directors are again at risk in relation to Increased Personal Financial Risk, including Personal Liability […]
Director’s Loan Account (DLA)
We have been speaking to many directors over the past few months about Directors Loan […]
Directors’ responsibilities
It is important to know what your duties are when becoming a Director and although […]
Redundancy Claims and your legal rights
What is redundancy and what are my legal rights? Redundancy is when an individual is […]
Bankruptcy Petitions
There are legal implications for the debtor when served with a bankruptcy petition. The debtor […]
Bankruptcy Pros and Cons
Advantages In most cases, bankruptcy will last for 12 months, which is typically a shorter […]
Debt Management Plan (DMP) Pros and Cons
Advantages Payments are based on what you can afford, not how much you owe A […]
Romance Fraud
How to spot and avoid romance scams What are romance scams? Romance scams happen when […]
Courier Fraud – Operation Otello
Police forces across the country have been cracking down on criminals who commit courier fraud, […]
Adjournment of Winding up and Bankruptcy Petitions
Adjournment of Winding up and Bankruptcy Petitions Due to Covid-19 the Courts have adjourned Winding […]
The Bailiff Checklist – Do’s and Don’ts
Do’s: Make sure it is a bailiff who is coming, not a doorstep collector. These […]
Ten ways to set healthy boundaries in the Workplace
Healthy boundaries in the Workplace: – Recent studies have shown that work related stress is […]
Tax investigations – What you need to know
Many businesses will face a routine tax audit and or investigation in the life span […]
Ten Top Tips for Start-Ups to survive COVID-19
As the COVID-19 situation impacts on us daily, it is imperative to take decisive action […]
Business survival in an unexpected lockdown
Due to the impact of Covid19, we are facing uncertain times in this unchartered territory. […]
Diversion Fraud – Inward & Outward
Inward and outward diversion fraud has cost Her Majesty’s Revenue & Customs (HMRC) millions in […]
A guide to preventing and detecting fraud
Given the wide range of fraud that could be committed, what steps can you take […]
What is the impact of COVID-19 on Debt Recovery and Insolvency?
Due to the recent crisis of the COVID-19 outbreak businesses are naturally focusing on cash […]
Tips to overcome cash flow
It is easy for credit procedures to get a bit slack at certain points during […]
Managing your landlords in the COVID-19 crisis
In this time of crisis and with the impact of the Corona virus, it is […]
Mandate Fraud
Mandate Fraud Mandate fraud takes place when you or an employee is deceived into changing […]
Investment Fraud
Have you ever been subjected to an investment fraudster’s sales pitch or received unsolicited calls? […]
How to avoid investment fraud
You need to remain in charge of your investment decisions and to do so in […]
Tips to help you get your business finances in order
Review your cash flow Cash flow is vital for the survival of a business. Look […]
Fraud and where it can occur
Fraud and where it can occur While the nature of any fraud will be specific […]
Bankruptcy Tourism
What is Bankruptcy Tourism? In basic terms, bankruptcy tourism is the phrase now being used […]
Covid-19 Information
Job Retention Scheme Government grants will cover 80% of the salary of retained workers up […]
Creditor support services
We provide representation at creditor meetings free of charge. We act for several organisations to […]
What is Retention of Title (ROT)
There are two types of legal Clauses. The first one is a SIMPLE clause contained […]
Six Steps to Mediation
Stage 1: Mediator’s opening statement After the disputants are seated at a table, the mediator […]
Insolvency affects your mental health and your finances
Having worked in the insolvency industry for over 28 years, I have come across hundreds […]
What action can HMRC take against Outstanding Debts?
If you company has outstanding debts to HMRC in relation to pay as you go […]
What are my employees’ rights during insolvency?
If your company is facing insolvency or bankruptcy, it can be a very stressful time. […]
Independent Business Review (IBR)
Navigate Business Recovery can assist any business with an IBR which can be the most […]
Director’s Disqualification process – Part 2
This article forms part of the Directors Disqualification process which is shown on the website […]
Director’s Disqualification process – Part 1
The Directors disqualification process is somewhat lengthy and can take up to 2 years. When […]
What is the difference between Commercial and Civil Mediation?
Civil Mediation Civil mediation is where negotiation is carried out between those in dispute by […]
The role of the mediator
The mediator will not decide the outcome of the case, unlike an arbitrator or a […]
Self Employed – Do I need to complete a tax return?
If you are Self-employed, you must complete a tax return (SA100) each year showing your […]
Bankruptcy restrictions
When an individual is made bankrupt, there are numerous restrictions placed on him/ her. There […]
Shareholder Mediation
Mediation encompasses a broad range of processes for assisting in the resolution of disputes without […]
Is your company having tax problems?
Dealing with tax problems should always be prioritised. Interest, penalties and surcharges will be added […]
Can I start a new company after liquidating my current company?
Thousands of companies are placed into liquidation on an annual basis. The Insolvency Service website […]
Simple guide to Restoring a Dissolved Company at Companies House
When a company has been struck off or dissolved, it is removed from the Companies House register and cannot trade, […]
Antecedent transactions which can be pursued by a liquidator.
This article looks at other antecedent transactions which can be pursued by a liquidator. Transaction […]
Wrongful Trading Section 214 of the Insolvency act 1986
Wrongful Trading Section 214 of the Insolvency act 1986 This article looks at other antecedent […]
Bankruptcy Solutions Case Study
Terry and Michaela had recently purchased their first new home and had a secured mortgage. […]
Bankruptcy Fraud Explained
What is bankruptcy fraud? Bankruptcy fraud happens when you deliberately lie or fail to disclose […]
Misfeasance claims – Section 212 of the insolvency act 1986
When the company becomes insolvent it often results in various disputes. These disputes cannot only […]
Business Insolvency – Is your Company insolvent?
It is easy to establish if your Company is insolvent or not. This is determined […]
Saving a Distressed Business
We recently acted for Hey heating and plumbing business who had established themselves over the […]
Personal Guarantees
As a business director you will sometimes find yourself contemplating with what business finance options […]
HMRC and Unexplained Wealth Orders (‘UWO’S)
Back in January 2018, new regulations were implemented by HMRC requiring individuals to explain how […]
Accelerated Payment Notices (‘APN’) – What do they mean for Directors?
Accelerated Payment Notices (‘APN’s) were introduced in 2014 and are used by HMRC to claim […]
Avoid losing your home in Bankruptcy
If you are facing bankruptcy and you own your home, the main concern is not […]
Corporate Credit Rating Improvement
What is a corporate credit rating? Corporate credit rating is acquired to ensure a business […]
Corporate Credit Correction (CCC)
Many businesses throughout the United Kingdom often need to get credit from their banks, suppliers […]
Debt Management Plans (DMP)
A DMP is an informal debt mediated solution for unsecured debt. If you have debts […]
Misfeasance Claims Case Studies – What you need to know
Navigate Business Recovery are specialists in defending directors against various claims made by insolvency practitioners. […]
Is Bankruptcy on the Cards?
Is Bankruptcy on the Cards? The consequences of going bankrupt while playing Monopoly merely mean […]
Putting Creditors First – A Condition of Trading whilst Temporarily Insolvent
Putting Creditors First – A Condition of Trading whilst Temporarily Insolvent A Major Change in […]
Annulment of a Bankruptcy Order
Annulment of a Bankruptcy Order Bankrupt? Act Fast and it May Not be Too Late […]
Guide To Bankruptcy
What is bankruptcy? This article explores the personal side of insolvency with a look at […]
What You Need to Know about Directors Investigations in a liquidation but were afraid to ask!
What You Need to Know about Directors Investigations in a liquidation but were afraid to […]
How to protect Your Business – The tell-tale signs
How to protect Your Business – The tell-tale signs I have been reviewing the construction […]
What You Need to Know about ‘Time to Pay Arrangements’ with HMRC
A Warning As you may have seen from previous blogs, dealing with HMRC can be […]
Mediation, a Better Route than Litigation?
Mediation, a Better Route than Litigation? If your company has become embroiled in a commercial […]
Addressing the Dangers of Technical Insolvency
Addressing the Dangers of Technical Insolvency This article addresses the facts and issues surrounding technical […]
The Do’s and Don’ts of Statutory Demands
This article is intended to give you some idea of what is involved with the […]
Interviews with the Official Receiver
In the last article on the Winding up process we talked about the Court Hearing […]
Are You Coming under Creditor Pressure?
Are You Coming under Creditor Pressure? Running a company is a hard enough at the […]
Creditor Problems – How to Deal with a Winding up Petition
Creditor problems leading to a ‘Winding up Petition’ can have major consequences for your company’s […]
How a business review can keep your business strong
Starting up a business can be easy, but keeping your business successful and profitable in […]
How can a small business compete when it comes to recruitment?
Finding that right talent is always tough, but as the job market begins to open […]
Successfully Navigate Business Recovery
Although I am really excited about my new business, Navigate Business Recovery, it is not […]
Cash is calling
Thank you for all the responses to my first blog. So, here’s the culture shock. […]
Protect Your Clients when Signing Personal Guarantees
In my experienced many businesses give away more than they should when signing personal guarantees. […]
Champagne for You
As you are probably aware I have a new website www.navigatebr.com and, as it is always difficult […]