BusinessBusiness RecoveryInsolvency rules lead to retail collapse fears

Insolvency rules lead to retail collapse fears

A court decision determining that business rates must be paid ahead of administrators’ fees is causing convulsions in the insolvency world

The Trident fashions case, over whether council rates should be paid ahead of
administrators’ fees, is said to have put the insolvency industry back by 20
years and made liquidations more likely and administrations more difficult.

The courts recently ruled that council business rates should be treated as a
preferential creditors in an administration. The decision places a huge expense
burden on administrators attempting to save businesses paying business rates.
Retailers will be particularly hard hit by the ruling, given the large number of
properties they commonly operate from.

Justice David Richards said policy dictated that business rates for both
occupied and unoccupied properties should rank as an expense in an
administration. The profession has argued vociferously against the decision,
warning that the upshot of the extra cost could be businesses entering
liquidation rather than being saved.

The decision appears to go against the principles of government thinking. The
Enterprise Act 2003 was introduced to encourage a rescue culture for struggling
businesses.

It is unlikely Trident administrators from Begbies Traynor will appeal, but
the profession is looking to the insolvency service to rewrite the rules to
circumvent the Trident decision.

In the meantime retailers are entering administration, so insolvency
practitioners are left to make tough decisions. Surely they must pay the rates?

Related Articles

Investment firm acquires Avon Steel Company Limited

Business Recovery Investment firm acquires Avon Steel Company Limited

7d Emma Smith, Managing Editor
Manchester law firm enters into administration

Business Recovery Manchester law firm enters into administration

7d Emma Smith, Managing Editor
KPMG appoints new global head of insolvency

Business Recovery KPMG appoints new global head of insolvency

4w Emma Smith, Managing Editor
EY hired by Carillion to review finances

Accounting Firms EY hired by Carillion to review finances

5m Alia Shoaib, Reporter
Using insolvency as a debt recovery tool

Business Recovery Using insolvency as a debt recovery tool

6m Emma Smith, Managing Editor
UK government should support mid-sized businesses to create a ‘new economy’ post-Brexit, says BDO report

Business Recovery UK government should support mid-sized businesses to create a ‘new economy’ post-Brexit, says BDO report

8m Alia Shoaib, Reporter
Over 800 jobs saved as Endless LLP acquires Jones Bootmaker

Business Recovery Over 800 jobs saved as Endless LLP acquires Jones Bootmaker

9m Emma Smith, Managing Editor
FRP Advisory expands operation with new office, partner appointments

Accounting Firms FRP Advisory expands operation with new office, partner appointments

10m Emma Smith, Managing Editor