Managing the Interests of Key Stakeholders in Insolvency

Transcription

1 Managing the Interests of Key Stakeholders in Insolvency PENSIONS LANDLORDS CHARITIES LITIGATION FUNDING PUBLIC INTEREST TUPE PENSIONS LANDLORDS CHARITIES N FUNDING PUBLIC INTEREST TUPE PENSIONS LANDLORDS CHARITIES LITIGATION FUNDING PUBLIC INTEREST TI- N 2015 ONS LANDLORDS CHARITIES LITIGATION FUNDING PUBLIC INTEREST TUPE PENSIONS LANDLORDS CHARIT LONDON // 3 DECEMBER 2015 // HILTON TOWER BRIDGE Registration starts at 8.45 Hours CPD 6 accreditation One day course

2 Course directors Christina Fitzgerald Shakespeare Martineau LLP David Baxendale PwC LLP Course overview This course aims to address the current key issues for key stakeholders in insolvency. We will look at both practical and technical issues that key stakeholders have to deal with as well as the issues that insolvency practitioners need to beware of. This course looks at: TUPE, consultation and a regime update Defined benefit pension schemes including pitfalls, options and the Pension Protection Fund (PPF) The matrimonial home in a bankruptcy A landlord s perspective A topical panel discussion Charities - a stakeholder s perspective Litigation funding and insurance issues PR and managing the public interest You will leave this course with a greater understanding of the insolvency processes needed to assist you in the day-to-day running of a case. Who is this course aimed at? This course is aimed at accountants, insolvency practitioners, bankers and lawyers with at least three years insolvency experience. Comments from last years course: Really worthwhile attending Very good course one of the best for a long time Practical and well delivered Speakers Christina Fitzgerald works in the restructuring and insolvency department at Shakespeare Martineau and deals with all aspects of contentious and non-contentious corporate and personal insolvency, advising insolvency practitioners, accountants, banks, ABLs, and other commercial organisations. Christina is also an experienced litigator and acts for clients in a wide range of litigation disputes. David Baxendale is a director in the business recovery services team at PwC and has over 12 years experience in restructuring, corporate recovery and insolvency. He has experience across a wide variety of sectors but most recently has worked with law firms and suppliers to the construction sector. David Leibowitz is an insolvency litigation specialist and acts regularly for banks, insolvency practitioners, creditors, directors, shareholders, the Insolvency Service and foreign lawyers on both domestic and cross border insolvencies. David is a CEDR qualified mediator and is on the LexisNexis editorial board and a peer reviewer for the Oxford University Press. Denise Fawcett is an insolvency lawyer dealing with all aspects of corporate and individual insolvency. She was seconded to the Pensions Regulator from March 2007 to October 2007 and returned to the regulator for five months in January 2008 as a consultant, dealing with clearance applications, working alongside the PPF and advising upon insolvency issues. Ed Brittain is the lead partner of restructuring and recovery risk practice at JLT Specialty and has 22 years experience in the insurance industry, incorporating 11 years in turnaround and insolvency. Ed specialises in product development specifically for the turnaround and insolvency market, broking strategies, trading and complex risks, business development, project management and market and key partner relationships. Ian Dunlop is a senior manager in the mid-market restructuring team at PwC with over eight years experience working on insolvency and advisory projects across London and the South East. He has experience working on large and complex insolvencies across a variety of sectors in which he has helped to manage the communication strategy with stakeholders through traditional sources as well as social media. Karen Spears has specialised in business recovery since 1989 and has considerable experience in all types of insolvencies and extensive knowledge of solvent liquidations and S110 reconstructions. She is a member of the national charities and education group and has specialist expertise in advising trustees and management in the not-for-profit sector and providing assistance on mergers, orderly wind-downs and insolvencies. Lindsey Bladen is a manager in PwC s team which specialises in HR restructuring. Having worked for the firm for over 20 years, Lindsey has worked on a variety of assignments involving solvent and insolvent employers across a number of industry types, including MG Rover, Game Group, Jessops and Petroplus Refinery. Lindsey recently co-wrote PwC s response to the call for evidence on collective redundancy consultation and the issues faced by employers when they are facing insolvency. Malcolm Weir is head of restructuring and insolvency at the Pension Protection Fund (PPF). He joined the PPF in June 2013 and currently leads the team negotiating restructuring arrangements and dealing with insolvent employers. He is also part of the team dealing with the PPF levy, in particular looking at the value provided by contingent assets and asset backed contributions. Nick Hughes is a legal director in restructuring and insolvency. He specialises in contentious insolvency, including directors disqualification cases. He frequently acts for and advises directors facing disqualification proceedings, and has a particular niche in applications by disqualified directors who wish to obtain permission to act as directors of specified companies, whilst subject to disqualification orders or undertakings. Nick Sladden heads the charities team at RSM. He advises charities on audit, assurance and financial reporting, and is their audit partner for Top 250 charities. Nick also trains trustees and works with charities that have international operations. Simon Kerr-Davis is counsel at Linklaters in the London employment practice, advising on both contentious and non-contentious matters for clients in a range of sectors, and has experience in both respondent and claimant tribunal litigation. He has worked as a corporate lawyer, a contentious claimant lawyer and a professional support lawyer, demonstrating the extensive knowledge and varied experience he brings to both transactional and general advisory fields for his clients.

3 Course programme 8.45 Registration and coffee Chairmen s introduction 9.15 Christina Fitzgerald, Shakespeare Martineau LLP David Baxendale, PwC LLP TUPE, consultation and regime update This session will look at a variety of current issues concerning employees and insolvency from both a legal and a commercial perspective. We will explore the following topics: Employee liability information and informing and consulting on a TUPE transfer, such as when, who, what, why and penalty for failure Getting the value of preferential claims correct, providing a quick recap on 9.20 how to calculate holiday pay and other elements of the preferential claims Real time reporting on preferential and unsecured dividend payments to employees Minimising the risk of unfair dismissal claims and when breaching employment law can lead to criminal charges Lindsey Bladen, PwC LLP Simon Kerr-Davis, Linklaters LLP Defined benefit pension schemes pitfalls, options and the PPF This session highlights the risks when restructuring companies that sponsor a defined benefit pension scheme and will look at the powers of the pensions regulator and options available to these distressed companies. The Pension Protection Fund (PPF) will explain its criteria for entering into arrangements, whereby the PPF takes over the liabilities and assets of the scheme as part of a restructuring to save the company, using real examples of deals that the PPF has done to date. Malcolm Weir, Pension Protection Fund Denise Fawcett, Pitmans LLP Coffee break The matrimonial home rights, remedies and director s perspective This session will look at the matrimonial home and how the courts determine beneficial ownership on bankruptcy, including the resurrection of equity of exoneration in Day v Shaw and Cadlock v Dunn and its relevance where directors have given personal guarantees in respect of their company s debts and those guarantees are secured upon their matrimonial homes. Nick Hughes, Shakespeare Martineau LLP BOOK NOW [email protected] The landlord s perspective This session will focus on: What the landlord perspective on tenant insolvency is What their options are What strategies are they likely to adopt opposite an IP David Leibowitz, Berwin Leighton Paisner LLP Lunch Topical panel discussion This panel discussion will explore the relevant topical issues that affect stakeholder management. To make sure this is up-to-date we will release the issues to be discussed closer to the course date. Speakers will seek audience participation in the debate and if there are areas you feel should be raised in this forum please contact R3 and they can be placed on the agenda. Chaired by: Christina Fitzgerald, Shakespeare Martineau LLP and David Baxendale, PwC LLP Charities a stakeholder s perspective In an ever challenging and changing environment, we will look at an overview of the key challenges that a charity faces when they are experiencing uncertain times and how they deal with such issues with their key stakeholders, both from the charity s and stakeholder s perspective. Karen Spears and Nick Sladden, RSM Coffee break Litigation funding and insurance issues This session will discuss: Changes in the ATE insurance market post Jackson The developing market in funding for insolvency litigation Obtaining the best rates out of the ATE insurance market An overview of the various types of ATE insurance policies What developments are anticipated within the ATE/funding market Ed Brittain, JLT Specialty Limited PR and managing the public interest Given the profile of many insolvency appointments and the number and variety of stakeholders impacted, a plan is often needed as to when and how to communicate with those affected. Changes in technology have made it increasingly complex and during this session we will consider the steps you can take to be prepared for this. David Baxendale and Ian Dunlop, PwC LLP Chairmen s round up and close

4 NDING PUBLIC INTEREST TUPE PENSIONS LANDLORDS LANDLORDS CHARITIES LITIGATION FUNDING PU Course prices Please tick appropriate membership category The fee includes all refreshments London 3 December 2015 Hilton Tower Bridge VAT ( 402) Fellows VAT ( 420) Members / New professionals VAT ( 480) Associates VAT ( 540) Non-members I will be making payment by credit card Please invoice me I enclose a cheque payable to Association of Business Recovery Professionals IONS LANDLORDS CHARITIES LITIGATION FUNDING PUBLIC IN Application form Firm Address Postcode Tel no. Fax no. Contact name (if not delegate) P.O. number How did you hear about this course? Post LinkedIn Recovery Magazine Other (please specify) Tick to receive R3 membership information Credit/debit payment form We accept any of the following payment methods (please tick): Visa Mastercard Maestro Visa Electron MANAGING THE INTERESTS OF KEY STAKEHOLDERS IN INSOLVENCY ONE DAY COURSE BOOK NOW [email protected] Card holder s name *Card no *Card issue no Payment amount *Security code (last 3 numbers on the back of the card) Signature: Date / / or valid from / *Expiry date / (*indicates mandatory field) R3 takes your privacy seriously. We will retain and use your personal data to provide you with information on our services. Your name and firm will be published in the delegate pack for every course you attend, unless otherwise requested. Cheques to be made payable to Association of Business Recovery Professionals. Bookings will only be accepted on receipt of registration form by post, fax, ([email protected]) or through the R3 website, Delegate substitutions are permitted but a supplement will be charged where there is a difference in membership category. Credit notes will only be issued if cancellations are received in writing no less than two working days prior to the date of the course. Refunds will not be available. A VAT receipt will be issued. R3 reserves the right to change the programme should circumstances dictate.

5 NDING PUBLIC INTEREST TUPE PENSIONS LANDLORDS CHARITIES LITIGATION FUNDING PUBLIC INTEREST TUPE NS LANDLORDS CHARITIES LITIGATION FUNDING PUBLIC INTEREST TUPE PENSIONS LANDLORDS CHARITIES LITIGATIO LANDLORDS CHARITIES LITIGATION FUNDING PUBLIC INTEREST TUPE PENSIONS LANDLORDS CHARITIES LI The Voice of Business Recovery 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. R3 members represent over 97% of all licensed insolvency practitioners, business recovery and turnaround professionals working within the UK. How do I join? To take advantage of its member benefits, join today and receive discounts on R3 courses, including this one. Visit today. CPD Accreditation The conference 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: hours Key sponsorship partners Association of Business Recovery Professionals 8th floor 120 Aldersgate Street London EC1A 4JQ Tel: Fax: [email protected]