The Voice of Business Recovery
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SPG FORUM
Two day conference
CPD accreditation: 9 hours
Day one: 9.15 – 17.40 | Day two: 9.45 – 14.00
Conference sponsor
WARWICK
17-18 NOVEMBER 2016 I Chesford Grange Hotel
encompass
R3 SPG
CHAIRMAN
A WORD FROM THE SPG CHAIRMAN
Simeon Gilchrist
Edwin Coe LLP
I am very much looking forward to welcoming you all
to the 2016 SPG Forum, taking place at the Chesford
Grange hotel in Warwickshire. As with previous years,
we are looking to surpass the success of previous
conferences, making the programme informative and
relevant for the SPG community, as well as providing
the networking opportunities and ‘community feel’
that we know delegates value.
We also look forward to welcoming
Benjamin Mee from Dartmoor Zoo as
our guest speaker, who will provide an
inspirational session on his experience
when he bought Dartmoor Zoo, including
how he overcame financial struggles and
the threat of closure before turning the
zoo into a successful business.
The conference programme contains an excellent
mixture of topical technical, practical and legal
updates of particular relevance to practitioners based
within smaller firms, including sessions covering a
review of how the IP fees estimate regime is working in
practice one year on; an ‘update from the bench’ with
Chief Registrar Baister; an update on the UK economy
set against the backdrop of the EU referendum
result with the Bank of England Agent for the West
Midlands; joint appointments and succession planning
for smaller firms; investigations, forensics and asset
recoveries; the new Insolvency Rules and their impact
on practitioners; an update from the Insolvency
Service on policy and Official Receiver operational
matters; what you need to know about collective
redundancies and HR1 forms; corporate and personal
legal updates; and restructuring and advisory work
from the SME perspective.
The SPG Committee, whose names you’ll
find on this brochure, is here to represent
you as a smaller firm member of R3. We
want to continue to ensure that we represent
your views and concerns within R3 and to
the wider industry so please contact any
member of the committee with feedback or
issues which we can address on your behalf.
I look forward to seeing you all in Warwick
this November!
Simeon Gilchrist
COMMENTS FROM LAST YEAR’S
CONFERENCE:
‘
‘
‘
‘
Always an excellent
conference
’
Good varied programme
Very good technical
and practical content
’
’
Really good set of speakers
R3 SPG Chairman
Please note that this is an extremely
successful conference and early booking
is recommended to guarantee your place.
’
PROGRAMME DAY ONE: THURSDAY 17 NOVEMBER
Pre-conference registration will be open 17.00 – 19.00 on
Wednesday evening
8.15
9.15
A word from our conference sponsor – Encompass Corporation
11.00
Registration and coffee
Chairman’s introduction
11.15 Coffee break
Simeon Gilchrist, R3 SPG Chairman
An update from the bench
The fees regime – one year on
In this session, Stephen Baister will provide his views on the role of the court
in insolvency proceedings, both at the present time and how the court’s role
may develop in the future, as well as his thoughts on the new adjudicator
system for debtor petition bankruptcies.
During this session, Michelle Butler and Maxine Reid will explore the teething
problems and lessons learnt over the past year, including:
>> Are the new fee-approval processes now running smoothly?
11.40
The session will also review how the Insolvency Express Trials pilot is working
in practice and provide a general update from the courts, including any
recent developments or trends.
>> How are we coping with the requirements of SIP9?
9.30
>> Have original estimates turned out to be realistic or have excess fee
requests been necessary?
Chief Registrar Stephen Baister, High Court
>> Has there been a shift away from time costs?
Personal insolvency legal update – a dramatic year in the Courts
>> What has been the feedback from the RPBs?
>> How have creditors been responding?
Michelle Butler, Compliance Alliance
Maxine Reid, Kreston Reeves LLP
This looks dodgy… pursuing claims for wrong-doing
Do you suspect wrong-doing? This session will look at the theory and
practice of pursuing investigations and claims by office-holders in insolvency
proceedings against the culpable.
10.20
encompass
It will consider the powers available to office-holders and give practical
examples of steps to be taken, including in urgent scenarios, to identify
and evidence claims against directors and others who may be guilty of
malpractice or fraudulent activities.
Chris Brockman, Guildhall Chambers
Andrew Black, Eversheds LLP
12.30
With appeals in important personal insolvency cases being considered by
the Court of Appeal this year, this legal update will brief practitioners on the
current status and legal implications of some important decisions. Green v
Wright is a crucial case for the world of IVAs, Horton v Henry for pensions in
bankruptcy (and the wider implications) and Sands v Layne is also making an
appearance at the Court of Appeal following the rescission of the bankruptcy
order and non-payment of the general body of creditors.
In this presentation, our speakers, who have both had high profile roles in
leading cases this year, will discuss the key technical and practical points
arising from these and other recent court decisions.
Simon Passfield, Guildhall Chambers
Mark Sands, Baker Tilly Creditor Services LLP
13.15 Lunch
PROGRAMME DAY ONE: THURSDAY 17 NOVEMBER
The UK economy – an update
14.15
Collective redundancies and HR1 forms: what you need to
know to protect your reputation
The Bank of England’s Agent for the West Midlands, Graeme Chaplin, will
provide an insight into the decision-making process of the Monetary Policy
Committee and outline the bank’s latest forecast for the UK economy.
Graeme Chaplin, Bank of England Agent for the West Midlands
16.20
R3 President’s update
15.00
The R3 President will give an overview of R3 activities over the past 12
months and provide an update on current initiatives and the challenges
still facing the industry.
It will also address how you can seek to balance compliance with the
legislation with commercial factors, and the wider TUPE and TULCRA
considerations, particularly in light of the Government’s response to its
consultation on collective redundancies and the EU referendum result.
Andrew Tate, R3 President
Stuart Frith and Paul Reeves, Stephenson Harwood LLP
Joint appointments and succession planning for smaller firms
An update from the Insolvency Service: regulatory, policy and
Official Receiver operations
This session will focus on the responsibilities of joint officeholders, including
the role of the ‘second’ officeholder, and will provide answers to some
of the questions that can arise about what the role of a joint officeholder
involves, such as:
>> How involved should they be in the case?
15.15
Against the backdrop of potential criminal prosecutions for failure to file the
HR1 form, this session will provide an up-to-date analysis of the current
issues, risks, pitfalls and penalties associated with the collective redundancy
process and filing of the HR1 form that you need to be aware of.
>> Are they the ‘conscience’ of the other officeholder?
>> Is there a requirement for regular catch-up meetings in order to keep
abreast of developments on the case?
>> Does an agreed division of work between two officeholders, whether in
the same or different firms, affect joint responsibility for the case?
17.00
An update from the Insolvency Service on recent developments within the
Service’s regulatory, policy and Official Receiver operations remits.
Dean Beale and Dave Chapman, Insolvency Service
17.40 Close
19.15 Drinks reception
20.00 Dinner
This session will also explore succession planning and continuity
agreements for smaller firms.
Mark Davies, Aaron & Partners LLP
16.00 Coffee break
BOOK
NOW
[email protected]
PROGRAMME DAY TWO: FRIDAY 18 NOVEMBER
9.45
Welcome
The restructuring and advisory skillset – the SME perspective
Simeon Gilchrist, R3 SPG Chairman
In an ever-changing market, Trevor Binyon and Paul Davies will explore
the tools in an insolvency practitioner’s skillset that can be applied to
restructuring and advisory options for businesses. This session will explore
issues such as how a business can be saved and the methods for doing so,
what funding opportunities are available in distressed situations, the lending
community’s appetite for distressed funding and the approach of directors/
owners in SME businesses. By focusing on the skillset and depth of
experience available to insolvency practitioners, the session will also examine
the changing role, and perception, of insolvency practitioners and how they
can expand their services to embrace the advisory and restructuring model.
HMRC and Voluntary Arrangements - a commercial approach?
In this presentation, Kevin Hatt from HMRC’s Debt Management directorate
will briefly outline common concerns about proposals received by the
Voluntary Arrangements Service. He will explain the commercial approach
taken by VAS, give some pointers to ‎what HMRC is looking for, and discuss
how you can improve the likelihood of a proposal being accepted.
12.30
Kevin Hatt, HMRC
9.50
An overview of Tax Avoidance
Ian Campbell and Paul Winterton, from HMRC’s Counter-Avoidance
Directorate, will outline some of the common issues that arise in Insolvency
proceedings where tax avoidance is at play and HMRC’s stance. A key
focus of this presentation will be to clarify the status of avoidance liabilities in
insolvency, including Accelerated Payment Notices (APNs) and how HMRC,
as a major creditor, can support the work of Insolvency Practitioners in
seeking the best returns for creditors.
Trevor Binyon, Opus Restructuring LLP
Paul Davies, Menzies LLP
The Insolvency Rules 2016 and other legislative changes –
the impact on insolvency practitioners
13.10
Ian Campbell & Paul Winterton, HMRC
Keynote speaker: Benjamin Mee from Dartmoor Zoo
10.35
This session will see Benjamin Mee, the man behind the bestselling book and
Hollywood blockbuster film “We Bought A Zoo”, present on his own experience
when he and his family fought against the odds and purchased Dartmoor Zoo
when it was threatened with closure if a buyer could not be found.
During this engaging session, discover what obstacles Benjamin had to
face in order to turn such a unique situation around to get the zoo ready for
opening and how he learnt to adapt in order to manage the zoo successfully.
Benjamin Mee
Caroline Sumner, R3’s Technical Director, will give an overview of the long
awaited Insolvency Rules 2016, explaining some of the key changes and the
practical consequences for IPs, including the abolition of creditor meetings.
She will also provide an update on the work that the R3 General Technical
Committee has been doing to support members through this period of
legislative change.
Caroline Sumner, R3
13.50 Chairman’s round up and closing remarks
14.00
Close
Followed by lunch
R3 reserves the right to change the programme should circumstances dictate.
11.25 Coffee break
A year in corporate insolvency – how was it for you?
11.45
During this session, Graham will give a legal update of the most important
decisions of the year with particular emphasis on the relevance and impact
for the small practitioner.
Graham McPhie, Moon Beever Solicitors
BOOK
NOW
[email protected]
SPEAKERS
>>Andrew Black is a senior associate in Eversheds’
company commercial practice group. He specialises
in contentious insolvency, including forensic and
fraud investigations and asset tracing, bankruptcy,
liquidations and partnership insolvencies, as well as
working on personal guarantee enforcement, LPA and
PPI matters.
>>Andrew Tate has over 25 years’ experience of
dealing with restructuring and insolvency matters
and heads up the Kreston Reeves recovery and
restructuring team. He has been a licensed insolvency
practitioner since 2000. Andrew has represented
ACCA on the Joint Insolvency Committee and chaired
the committee for three years. Andrew is currently
President of R3.
>>Caroline Sumner is technical director at R3 and
Secretary to the General Technical Committee (GTC).
GTC deals with issues of general importance and
significance to the profession, keeping under review
all UK and EC legislation, prospective legislation and
other matters relating to insolvency law and practice.
GTC issues Technical Releases and produces
technical updates for members, subscribers and
students.
>>Christopher Brockman has consistently been
recognised as a leading insolvency barrister in the
field of insolvency by legal directories for many years
and is one of the few barristers specialising only in
insolvency law. Formerly a partner at a leading regional
firm of solicitors, Chris has practiced in personal and
commercial insolvency for 20 years.
>>Graeme Chaplin has been agent for the West
Midlands & Oxfordshire since November 2008 and
joined the Bank in 1992. He has undertaken a variety
of roles including banking supervision, economic
analysis and financial stability monitoring.
>>Graham McPhie is a partner in the insolvency
department of Moon Beever solicitors and has 25
years’ experience in a wide range of personal and
corporate insolvency matters. He is a regular speaker
at courses and aims to provide very practical sessions
on technically difficult issues.
>>Ian Campbell is a Senior Insolvency Consultant
within the Counter-Avoidance Insolvency team. Ian is
responsible for the development and implementation
of Insolvency Strategy across Counter-Avoidance.
Ian joined HM Revenue and Customs in December
2015, prior to which point he spent 12 years in private
practice and has extensive experience of all forms of
Personal and Corporate Insolvency.
>>Kevin Hatt has worked in debt recovery and
insolvency for HMRC since 1983. He is currently
responsible for insolvency caseworking in HMRC’s
Enforcement and Insolvency Service in Worthing.
Teams there are responsible for all voluntary
arrangements in which HMRC is a creditor as well
as company administrations and work related to
annulment and rescission applications.
>>Dave Chapman is a senior official receiver at the
Insolvency Service.
>>Mark Davies is a partner in the insolvency team
at Aaron and Partners LLP and advises insolvency
practitioners on a national level in relation to insolvency
cases. He also advises unsecured creditors in relation
to their claims in insolvent estates and has been
specialising in insolvency cases for 26 years. Mark
has successfully acted for insolvency practitioners in
reported cases and is a full member of R3.
>>Dean Beale is head of insolvency policy at the
Insolvency Service and has worked in the insolvency
field for over 20 years in a variety of roles. In addition
to his public sector experience Dean spent three years
in the private sector as a forensic accountant.
>>Mark Sands is a personal insolvency specialist at
Baker Tilly Creditors Services LLP and a licensed
insolvency practitioner with 30 years’ experience. He
currently specialises in personal insolvency with recent
cases involving advising professional practices and
investigating assets transferred by bankrupts to family
members. Mark is an active member of R3 and the
IPA, serving on both organisations Personal Insolvency
Committees since they were established. Mark was
President of the IPA in 2015/16.
>>Maxine Reed is a restructuring partner at Kreston
Reeves LLP and specialises in corporate restructuring,
formal insolvency procedures and investigations and
debt recovery. Maxine advises on personal insolvency
and provides business advice.
>>Michelle Butler is a partner in the Compliance
Alliance, providing document packs, technical support,
compliance reviews and education via webinars.
Michelle is also an enthusiastic blogger and, as
the Insolvency Oracle, she has a wide audience
of insolvency professionals keen to advance their
technical knowledge.
>>Paul Davies is a director in the Menzies turnaround
team and has over 16 years’ experience in
restructuring and turnaround across a variety of
sectors. He has experience in risk banking, formal
insolvency, managing distressed investments and
turnaround. This enables him to provide a unique
stakeholder perspective, whether he is advising
owners, managers, lenders or investors.
>>Paul Reeves is a highly regarded partner in
Stephenson Harwood’s employment team, with a
wealth of experience advising clients on all aspects of
both contentious and non-contentious employment
law matters – e.g. advising and implementing
individual and collective consultation procedures,
conducting employment litigation, drafting contracts
of employment and employment policies, advising
on corporate transactions (including TUPE) and the
practical aspects of sensitive internal investigations. He
advises clients across a variety of sectors – banking,
private equity, IT, luxury goods, hotels and insurance.
Paul is recognised in the leading legal directories. “He
is very impressive, very sharp and he gets to the nub
of a case very quickly.” Chambers UK 2015.
SPEAKERS (CONTINUED)
>>Paul Winterton is a Senior Insolvency Consultant
within the Counter-Avoidance Insolvency team
overseeing HMRC’s response to the insolvency risks
across the Counter-Avoidance directorate. Paul has
over 20 years of insolvency experience in the public
and private sectors and successfully completed the
JIEB qualification in 2009. Prior to joining HM Revenue
and Customs in January 2016, Paul was an Assistant
Official Receiver in the Insolvency Service’s Public
Interest Unit and was seconded to the role of Head of
Insolvency Practitioner Monitoring.
>>Simeon Gilchrist is a partner in the restructuring
and insolvency team at Edwin Coe and advises
insolvency practitioners, banks, distressed companies
and individuals in a wide range of both corporate and
personal insolvency matters. He is also Chairman of
R3’s SPG Committee.
>>Simon Passfield is a specialist insolvency barrister
at Guildhall Chambers who undertakes litigation and
advisory work in all aspects of corporate and personal
insolvency law. He has been consistently recognised
as a leading junior in this field by Chambers and
Partners and has appeared in a number of reported
insolvency cases.
>>Chief Registrar Stephen Baister was admitted as a
solicitor in 1981 and practised as a litigator, ultimately
specialising in insolvency and financial litigation. He
was appointed as a bankruptcy registrar of the High
Court in 1996 and chief bankruptcy registrar in 2004.
>>Stuart Frith is a partner in Stephenson Harwood’s
restructuring and insolvency practice. He has
extensive experience in both corporate and personal
insolvency, advising all types of stakeholders in the
insolvency process. He is a past president of the
Insolvency Lawyers’ Association, a Council member of
R3, chairs the Personal Insolvency Committee and is a
member of the General Technical Committee and the
Policy Group. He also sits as a Deputy Registrar in the
Bankruptcy and Companies Court.
>>Trevor Binyon has been a licensed insolvency
practitioner since 1997 and is a member of the
Association of Chartered Certified Accountants.
He has worked full time in insolvency and
restructuring for 25 years and he is a founding
partner of Opus Restructuring, which was set
up in April 2013. Trevor’s work tends to have
a strong secured lender led emphasis and he
has extensive experience in the care home,
construction and leisure sectors.
COURSE DIRECTORS:
Charles Turner, mlm Solutions
Myles Jacobson, Streets SPW
Andrew Turner, Lovewell Blake LLP
SPG COMMITTEE MEMBERS:
Simeon Gilchrist, Edwin Coe LLP (Chairman)
Stephen Allinson, Shoosmiths LLP
Trevor Binyon, Opus Restructuring LLP
KEYNOTE SPEAKER
Carl Bowles, Carter Backer Winter LLP
Michelle Butler, Compliance Alliance
Ian Defty, DDJ Insolvency Ltd
Chris Herron, Herron Fisher
Benjamin Mee
Dartmoor Zoo
Myles Jacobson, Streets SPW
Andrew Kelsall, Larking Gowen
Gareth Limb, Compliance on Call Ltd
Penny McCoull, ASM Recovery Ltd
>>Benjamin Mee is the man behind the
bestselling book and Hollywood blockbuster
film “We Bought A Zoo”.
Elizabeth Pywowarczuk, Liberta Financial Ltd
Andrew Tate, Kreston Reeves LLP
Andrew Turner, Lovewell Blake LLP
Charles Turner, mlm Solutions
His story is one of courage, resilience and
enterprise. When he and his family learned
that Dartmoor Zoo would be closed if a
buyer couldn’t be found, he fought against
all the odds and bought it himself. He then
found himself with an uphill battle – juggling
the complexities of managing a zoo and
getting it ready for opening, while facing the
consequences of his wife’s terminal illness
and caring for two young children.
Steven Wiseglass, Inquesta Corporate Recovery
R3 CONTACT:
Emma Hobson, R3 Director
16 November 2016 – Pre-conference accommodation
£100.00 + VAT (£120) Standard guestroom
Please tick appropriate membership category
17 – 18 November 2016 – Residential conference package
Accommodation now only available at the overflow hotel –
Ramada Warwick Hotel
£500.00 + VAT (£600) Fellows
£560.00 + VAT (£672) Members
£615.00 + VAT (£738) New professionals
£665.00 + VAT (£798) Associates
£770.00 + VAT (£924) Non-members
Package includes all refreshments plus dinner and standard
accommodation on Thursday 17 November 2016.
17 – 18 November 2016 – Non-residential conference
package
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Cheques to be made payable to ‘Association of Business Recovery Professionals’. Bookings will only be accepted on receipt of
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Key sponsorship partners
Not already an R3 member?
R3 is the leading trade body of Business Recovery Professionals operating
as the most authoritative body for the Insolvency Profession.
How do I join?
CPD Accreditation
The course constitutes structured CPD to meet the requirements
of the Association of Certified Chartered Accountants (ACCA), the
Institute of Chartered Accountants in England and Wales (ICAEW), the
Insolvency Practitioners Association (IPA), the Institute for Turnaround (IFT),
Solicitors Regulation Authority (SRA) and the Bar Standards Board.
Bar Standards Board CPD provider ID number: 1087 – 9 hours
To take advantage of its member benefits, join today and receive discounts
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Association of Business Recovery Professionals
8th floor, 120 Aldersgate Street
London EC1A 4JQ
Tel: 020 7566 4234
Fax: 020 7566 4225
Email: [email protected]
www.r3.org.uk