On 6 February 2019, the Court of Appeal gave judgment on the appeals in BAT Industries Plc v Sequana SA. It upheld the decision of the High Court regarding the legality of a dividend on the grounds that it constituted a transaction defrauding existin…
Highly skilled, commercially savvy, practical and responsive we are one of the leading corporate recovery and insolvency teams in the North of England.
The team ‘will do everything its needs to do to get the job done in a quick and timely fashion’ utilising its ‘invaluable strength in the region to push matters forward in a way that works for the local legal market’.Legal 500
They're very receptive, move as quickly as we need them to and they offer great quality of advice. Clarion have a good commercial approach. They're a firm you can always rely on for quality advice.Chambers UK
I think they are very good and have a number of technically strong people. They are friendly in the way they approach a case. I enjoy working with them.Chambers UK
Distinguished practice with a client base comprising insolvency practitioners and individuals. They are a fast-reacting organisation with good relationships with clients.Chambers UK
They invest a significant amount of senior resources, which adds a great deal of comfort.Chambers UK
Clarion can handle larger and more complex work. They have the team and the expertise. The team has carved out a good niche for itself, and is well-regarded by insolvency practitioners.Chambers UK
As a recovery specialist I need legal input from a firm that is large enough to provide a wide range of expert, commercial advice and be seen as credible to all stakeholders in the business, yet be small enough to care and provide a partner led cost effective service. Clarion are all of the above'.Liam Cotter, Kingsbridge Corporate Solutions
We understand the commercial realities you face and are renowned for our quality of service, comprehensive knowledge and no nonsense approach.
Offering a smart and effective alternative to larger national practices, we bring to bear a highly proactive approach, combining strong relationships with a large number of insolvency practitioners from both national and independent firms in the region. In addition we act on behalf of a number of banks, asset based lenders and private equity providers as well as private individuals, directors, share holders and creditors.
We also work with both individuals and businesses that are facing financial difficulties; listening, guiding and advising on a broad range of issues. We have experience of a wide variety of different industries including professional services, retail, leisure, property, construction, sport and manufacturing.
For the latest news and views from the team please follow @ClarionRecovery
Highly skilled, commercially savvy, practical and responsive we are one of the leading corporate recovery and insolvency teams in the North of England.
They are very commercial and understand any given situation.Chambers UK
We work with a wide range of clients and stakeholders, both on a regional and national basis, where businesses are in financial distress. Our highly skilled, innovative, responsive and well-connected team have a wealth of experience in rescuing businesses and maximising recoveries. Where businesses fail, we have significant experience in assisting clients on contentious issues arising out of such failures, including:
- enforcement action; and
- asset tracing - both claimant and defendant side.
We have been involved in a number of high-profile restructuring and insolvency assignments across a broad spectrum of sectors but most notably in the professional services, manufacturing, construction, logistics, waste and retail and leisure sectors.
The team is independently recognised as a leading player in the restructuring and insolvency field and are highly ranked in independent research guides Legal 500 and Chambers and Partners. We have also been a finalist in the Insolvency Law Firm of the Year category at the national Insolvency and Rescue Awards numerous times.
Recent assignments include acting for:
- national furniture retailer DFS in acquiring Multiyork out of administration which secured ongoing trade at 8 Mutliyork retail outlets;
- KPMG LLP in the administration and onward sale of AIM listed vending machine business Uvenco UK Plc to the Montagu Group;
- Banham Poultry (2018) Ltd in the purchase of one of Norfolk’s largest employers, Banham Poultry Limited and Banham Group Limited, which successfully resulted in rescuing approximately 1,000 jobs and securing a critical supply chain of poultry products into UK supermarkets;
- a group of investors and creditors in the reported case of Ve Vegas Investors IV LLC and others v Shinners and others  EWHC 186 (Ch) in which we dealt with the removal and replacement of the administrators of VE Interactive Limited, a company which had previously been named a fintech “unicorn” which had once been valued at approximately £1.5 billion. We continue to act for the current administrators, Deloitte LLP;
- Top Zinc Limited and Zinc Hotels (Investments) Limited in the reported case of Zinc Hotels (Investments) Limited and Others v Beveridge and Others  EWHC 1936 (Ch) in an application made by the companies’ shareholders to remove administrators who had been appointed by secured creditors who were claiming in excess of £500m in respect of a group of companies that owned the freehold and leasehold interests in 10 hotels;
- Armstrong Watson as administrator in the pre-pack sale of £18m turnover payroll specialist Earn Extra 139 Limited which safeguarded 364 jobs;
- Deloitte as administrators in respect of various aspects of the administration of retailer American Golf Discount Centres Limited and SW Golf Limited SW Golf Limited;
- Begbies Traynor in the restructuring and subsequent insolvency of a FCA regulated European Development partnership which had various complex financial security arrangements and cross-jurisdictional elements;
- KPMG LLP in the administration and onward sale of Leeds Paper Recycling Limited which involved various complex environmental, regulatory and licencing matters;
- a “big 4” accountancy practice in a complex investigation and subsequent antecedent litigation claims against former directors of a failed business;
- the purchaser of Bill Plant Driving School Limited a national driving school with 530 franchisees across the UK which had been placed into administration;
- stakeholders in the debt restructuring and re-organisation of Import Fashions Limited t/a Moda in Pelle -a well-known Yorkshire shoe retailer and its subsequent sale out of administration;
- the management team of Leelex Limited on the turnaround and restructuring of the Portobello Road Distillery and Gin Bar and the Jakes Bar, Oporto and Neon Cactus group of bars;
- the former directors and individuals in defending a series of high-profile and high-value antecedent transaction claims brought against the directors and individuals by insolvency practitioners appointed over their business interests and assets;
- a number of main clearing banks as well as alternate funders and private equity houses where we have assisted in recovery action and debt restructuring. We act for a number of the main clearing banks and alternate lenders and have an excellent relationship with the asset-based lender marketplace including Aldermore Bank Plc, Secure Trust Bank Plc, Shawbrook Bank Plc, Ultimate Finance Group Limited, Bibby Financial Services, Reward Capital LLP, Skipton Business Finance and ABN Amro.
2018 was a particularly challenging year for high street businesses caught in a perfect storm of increasing internet competition, reined-in consumer spending and increasing costs. Conditions do not look set to improve in the short-term and the last couple…
If you have debt problems, one of the options for resolving them may be bankruptcy.
From CVA to CVZ, everything you need to know about Company Voluntary Arrangements but were too afraid to ask...
If it feels like you’ve been hearing a lot about Company Voluntary Arrangements (CVAs) in the media recently, then you’d be right. They have become such a common feature this year that the press has dubbed 2018 ‘the year of the CVA'.…
Appointing Administrators – clarity given for the Notice of Administrators Appointment following the confusion of NJM Clothing
Insolvency practitioners will be relieved to see that the confusion caused by the controversial decision in Re NJM Clothing Ltd  EWHC 2388 (Ch) has now been addressed in the more recent case of Re The Towcester Racecourse Company Ltd (in administrat…
House of Fraser, New Look, Mothercare, Jamie’s Italian, Byron Burger … the list goes on. A Company Voluntary Arrangement (“CVA”) is a proposal by a company in financial difficulty, to its creditors, in respect of its debts and th…
With 2018 seeing a number of high profile corporate failures including Carillion and BHS, the issue of so-called "irresponsible capitalism” is back in the limelight with ministers once again denouncing the companies’ former directors as t…
The recent reported case of VE Vegas Investors IV LLC and others v Shinners and others  EWHC 186 (Ch), in which the successful applicants were represented by Clarion, serves as a pertinent reminder to Insolvency Practitioners of their need to be awa…
Whilst the full impact of Carillion’s liquidation remains uncertain for creditors and suppliers, it acts as a timely reminder to review trading relationships and position in the supply chain.
The Insolvency (England and Wales) Rules 2016 (often referred to as the “Insolvency Rules 2016”) are due to come into force on 6 April 2017.
The Court of Appeal has now handed down its long-awaited judgment in the case of Horton v Henry  EWCA Civ. 989.
The Insolvency Act 1986 is to be amended by the abolition of the requirement for creditors’ meetings to be held as the default means of decision making, replacing this instead with a “deemed consent” procedure or a “qualifying decision” procedure.
What is a Validation Order? If a company is wound up by the Court, under Section 127 of the Insolvency Act 1986 any disposition of that company’s property (and any transfer of shares or alteration in the status of that company’s members) made…
Insolvency Practitioners and third parties who wish to claim against the insurer of an insolvent company/individual will be pleased to see that the Third Parties (Rights Against Insurers) Act 2010 came into force this week on 1 August 2016.
From April 2016, the ‘No Win, No Fee’ reforms which were brought into force by the Jackson Reforms in 2013 for civil litigation will apply to insolvency proceedings.
Insolvency professionals will no doubt welcome changes detailed below. In particular, clarification that a director’s administration appointment is not invalid by virtue of the filing of a winding up petition during the interim moratorium period.
Warning for Invoice Finance Providers – The Importance of Checking Dispute Resolution Clauses in underlying contracts
The Courts have issued a further warning that when reviewing fundamental contracts you should always check and consider the dispute resolution clauses as these can delay and increase the costs of recovering debts.
To be made bankrupt, a court has to issue a bankruptcy order which can occur for the following reasons:
In December 2014, the High Court decided not to follow the earlier decision made in Raithatha v Williamson  EWHC 909 (Ch) (“Raithatha”).
On 31 October 2014 The Supreme Court refused Game's application to appeal the Court of Appeal decision in Re Game Station leaving the common sense approach to insolvency practitioners’ occupation of rented premises to prevail.
In January 2013, The Legal Aid, Sentencing and Punishment of Offenders Act 2012 (the “Act”) came into force.
In the recent case of Blue Monkey Gaming v Hudson & Others  EWHC (Ch), the High Court have helpfully provided guidance on the role of administrators in relation to retention of title claims.
In Hockin & Ors v Marsden & Ors  EWHC 763 (Ch) the High Court held that it would unfairly prejudice a company’s creditors if the company’s mis-selling claim against a bank were not assigned by its administrators to a creditor to pursue.
From 6 April 2014 Industrial and Provident Societies will have more company insolvency rescue options available to them.
In the recent case of Secretary of State for Business v McDonagh and others UKEAT/0287/12 and UKEAT/0312/12, the Employment Appeals Tribunal (the “EAT”) had to consider for the first time when the ‘appropriate date’ falls when, in …
The cost of dissolving a solvent company, other than by way of a Members’ Voluntary Liquidation (“MVL”) where there is more than £25,000 to be returned to the company’s shareholders will increase on 1st March 2012. Consequen…
Warning to Proposed Administrators: Give As Much Notice As You Can To Avoid an Invalid Out Of Court Appointment
There have been various cases decided over the last few months as to the technical requirements for notifying various persons of a proposed out of court appointment of Administrators. A failure to properly and fully comply with the precise notice require…
Professionals in general and insolvency professionals in particular use the phrases “insolvent” and “insolvency” on a very regular basis and the assumption is that everyone knows exactly what those phrases mean. Since the introduc…
From our experience if the appointment is to take place by way of a hostile creditors application it does not appear sufficient to merely justify the purposes of administration to the Court. The Court wishes to see evide…
It is said that there are lies, dammed lies and statistics. The latest figures for corporate insolvencies released by the Insolvency Service for England and Wales appear to bear that out.
The Requirement for Administrator’s Proposals The Administrator of a company is obliged by statute to send to the company’s creditors and to the Registrar of Companies proposals detailing, amongst other things, the company’s financial c…
Conditional Fee Agreements & After the Event Insurance Many Liquidators, Administrators and Trustees in Bankruptcy will be finding themselves in the situation where they have identified potential claims that could be brought in a particular case…
Judicial Approval for the Practice of Filing More Than One Notice of Intention to Appoint an Administrator
The Procedure for an Out of Court Appointment Where the directors of a Company wish to appoint an Administrator of that company under Schedule B1 of the Insolvency Act 1986 (the "Act"), they can do so by filing the requisite Notice of Appointme…
Joint administrators Peter O’Hara of O’Hara & Co and Chris Brooksbank of O’Haras Limited have today completed the sale of Widnes Vikings to a new company, Widnes Rugby League Club Limited. Following their appointment on 22…
Clarion has kicked off the New Year with a bang, celebrating a win from the Legal 500 UK Awards 2019. Clarion was named Firm of the Year (outside London) in the Finance category, so a special congratulations to our Corporate Recovery and Insolvency Team …
Clarion’s Corporate Recovery practice acted on behalf of the Administrators of Hemmels Limited in negotiating and successfully concluding the sale of the company’s business and assets out of Administration. The company had a turnover of…
A group of Leeds claims companies have been saved after they were bought out of administration in a pre-packed sale. Joint administrators Kelly Burton and Lisa Hogg from Sheffield-based Wilson Field were called in by the directors when the group faced fi…
A pair of Leeds-based roofing and industrial cladding firms have entered administration, prompted by a period of severe financial difficulties that followed their rapid expansion. The two associated companies - Cover Structure Ltd and Coloured Metal Prof…
Annette Thomson has joined Clarion in Leeds as an associate solicitor in its corporate recovery and insolvency team.
A Leeds-based business which creates temporary structures for the events industry, particularly for major golf tournaments, has been sold out of administration to the Arena Group in a deal negotiated by Phil Booth of Booth & Co Business Recovery & Insolvency in Wakefield.
The Government has announced today that they have granted an extension of the temporary exemption of insolvency litigation from the 2012 Legal Aid, Sentencing and Punishment of Offenders Act “LASPO Act”).
The business and assets of Leeds-based Andrews Fasteners Ltd have been acquired by a new company AFC Products Limited.
Clarion’s corporate recovery and finance groups have been further boosted with the appointment of Ben Slack.
Jobs have been saved after a Barnsley-based uPVC door and window manufacturer was bought out of administration.
Bradford-based contractor HB Projects has agreed a deal with administrators to buy a company which specialises in the construction of controlled environments for use in the food production and pharmaceuticals sectors.
Following the administration of Skymede Enterprises (Cardiff) Ltd which operated the Sky Plaza Hotel Cardiff Airport, its business and assets have been sold to Fenea Limited, securing the future of the business and eight jobs.
Finalists in the Insolvency & Rescue Awards 2013.
Our corporate recovery and insolvency team is continuing to grow with the appointment of Russell Stevens as legal assistant in the practice’s specialist banking and finance team.
Congratulations to Marie, Estelle and Joanna.
We are delighted to have made the top three in national insolvency awards
Part of a 52 year old family run timber company, CR Taylor (Timber) Ltd, has been sold to a new company, Taylor’s Timber Centre Ltd, securing the jobs of its five staff at the Thornton Road site.
Following the administration of North West based mobile entertainment store Chilli Music Ltd, its business and assets have been sold to Chilli Digital Europe Ltd, securing the future of the business and six jobs.
Alice Pratt, who has recently become a partner at law firm Clarion, was awarded the title of Rising Star at the Professionals Fashion Show Ball and Model Employee Awards 2012 recently.
We have appointed our 18th partner with the promotion of Alice Pratt from senior associate to partner in the growing corporate recovery practice.
Ryan Millmore, partner in the corporate recovery team, advises administrators KPMG.
Jonathan Simms in the corporate team advised Reward Capital.
Mid Tier/Boutique Law Firm of the Year 2011
Alice Pratt from the corporate recovery team advises the liquidator
Clarion Corporate Recovery team were runners up at the Yorkshire Lawyer of the Year Awards 2011 being highly commended by the judging panel
Yorkshire Lawyer Awards - Corporate recovery team are highly commended
The corporate recovery team advise administrators and help save 13 jobs
Congratulations to our Corporate Recovery team who have been shortlisted in this catagory for the 2011 Yorkshire Lawyer Awards.
Stockport-based supplier and fitter of commercial flooring, Siteform, has secured funding to support its continued growth from Leeds funding provider Reward Capital, assisted by a group of Yorkshire advisers.
West Yorkshire-based company Abbey Artstone which manufactures cast stone products has secured funding from Reward Capital and Skipton Business Finance.
Following the administration on 18 February of Jones Day Care Nurseries Limited, trading as Honley Day Care, local company Carlin Nurseries Limited bought its business and assets on 25 February 2011.
Clarion advised joint administrators Peter O’Hara and Simon Weir of O’Hara & Co at the close of 2010. A new company, W Crusaders Ltd, bought the assets of Welsh Super League club Celtic Crusaders Limited following its administration on 12 November 2010.