Insolvency Technical Update - July 2017

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david-menzies By David Menzies, Director of Insolvency

3 August 2017

Insolvency technical update – Your round-up of recent developments in insolvency

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Targeted Anti Avoidance Rule: Winding Up

HM Revenue & Customs have published their internal guidance in relation to the operation of the Targeted Anti Avoidance Rule on winding up. The operation of this rule results in capital distributions on winding up being treated as income distributions for tax purposes where certain conditions are met (further information on this is available in previous articles). HMRC guidance is available on their website.

RP1 helpsheets

The Insolvency Service has issued updated RP1 helpsheets, one for situations where an insolvent employer has made the redundancy, and one where the redundancy is made pre-insolvency.

Business and Property Courts

The new Business and Property Courts of England and Wales have been launched in a series of events across the country. They were launched at events in London (4 July), Birmingham (6th July), Leeds (10th July), Manchester (11th July), Bristol (14th July) and Cardiff (24th July). The ‘go-live date’ for all the courts is 2nd October 2017. The Business and Property Courts will act as a single umbrella for business specialist courts across England and Wales including the courts of the Chancery Division (including those dealing with, amongst other areas, insolvency). Further information is available on the Courts and Tribunals website.

Glasgow Sheriff Court

Due to a recent review of security across Scottish Courts, all regular court users must wear visible photo/ID passes at all times within the Glasgow Sheriff and Justice of the Peace Court building. Further information is available here.

Legal Updates

R (on the application of UNISON) v Lord Chancellor [2017] UKSC 51 The UK Supreme Court has ruled that the requirement to pay a fee to lodge an application with an Employment Tribunal or Employment Appeals Tribunal was unlawful because it restricts access to justice.

Worbey & Anthr v Sharon Laughland Campbell & Othrs [2017] CSIH 49 The Inner House of the Court of Session has provided some useful guidance on factors to consider when deciding whether a partnership has been established or not.

Gary Buckley v Her Majesty’s Secretary of State for Business, Energy and Industrial Strategy [2017] CSOH 105 The Court of Session has concluded that the Secretary of State must appear at a hearing to consider an application under section 17 of the Company Director Disqualification Act 1986 to continue as a director of a company while disqualified.

Topics

  • Insolvency
  • Legislation

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