SPG FORUM. encompass. WARWICK NOVEMBER 2016 I Chesford Grange Hotel. The Voice of Business Recovery

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1 The Voice of Business Recovery TOPICS SIPS DEVELOPMENTS FEES INSOLVENCY RULES UPDATES HOT TOPICS SIPS DEVELOPMENTS FEES INSO RULES UPDATES HOT TOPICS SIPS DEVELOPMENTS FEES INSOLVENCY RULES UPDATES HOT TOPICS SIPS DEVE MENTS FEES INSOLVENCY RULES UPDATES HOT TOPICS SIPS DEVELOPMENTS FEES INSOLVENCY RULES UPDATE SPG FORUM Two day conference CPD accreditation: 9 hours Day one: Day two: WARWICK NOVEMBER 2016 I Chesford Grange Hotel Conference sponsor encompass

2 R3 SPG CHAIRMAN Simeon Gilchrist Edwin Coe LLP A WORD FROM THE SPG CHAIRMAN 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. 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. 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 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 R3 SPG Chairman COMMENTS FROM LAST YEAR S CONFERENCE: Always an excellent conference Good varied programme Very good technical and practical content Really good set of speakers Please note that this is an extremely successful conference and early booking is recommended to guarantee your place.

3 PROGRAMME DAY ONE: THURSDAY 17 NOVEMBER Pre-conference registration will be open on Wednesday evening 8.15 Registration and coffee Chairman s introduction Simeon Gilchrist, R3 SPG Chairman The fees regime one year on 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? > > How are we coping with the requirements of SIP9? > > Have original estimates turned out to be realistic or have excess fee requests been necessary? > > Has there been a shift away from time costs? > > 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. 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 A word from our conference sponsor Encompass Corporation Coffee break Lunch encompass An update from the bench 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. 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. Chief Registrar Stephen Baister, High Court Personal insolvency legal update a dramatic year in the Courts 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

4 PROGRAMME DAY ONE: THURSDAY 17 NOVEMBER The UK economy an update 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 R3 President s update 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. Andrew Tate, R3 President Joint appointments and succession planning for smaller firms 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? > > 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? This session will also explore succession planning and continuity agreements for smaller firms. Mark Davies, Aaron & Partners LLP Coffee break Close Collective redundancies and HR1 forms: what you need to know to protect your reputation 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. 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. Stuart Frith and Paul Reeves, Stephenson Harwood LLP An update from the Insolvency Service: regulatory, policy and Official Receiver operations 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 Drinks reception Dinner BOOK NOW courses@r3.org.uk

5 PROGRAMME DAY TWO: FRIDAY 18 NOVEMBER 9.45 Welcome Simeon Gilchrist, R3 SPG Chairman 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. Kevin Hatt, HMRC 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. Ian Campbell & Paul Winterton, HMRC Keynote speaker: Benjamin Mee from Dartmoor Zoo 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 Coffee break A year in corporate insolvency how was it for you? 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 The restructuring and advisory skillset the SME perspective 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. Trevor Binyon, Opus Restructuring LLP Paul Davies, Menzies LLP The Insolvency Rules 2016 and other legislative changes the impact on insolvency practitioners 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, R Chairman s round up and closing remarks Close Followed by lunch R3 reserves the right to change the programme should circumstances dictate. BOOK NOW courses@r3.org.uk

6 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 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. > > Dave Chapman is a senior official receiver at the Insolvency Service. > > 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. > > Graeme Chaplin has been agent for the West Midlands & Oxfordshire since November 2008 and joined the Bank in 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 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. > > 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. > > 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.

7 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 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 > > 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 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. KEYNOTE SPEAKER Benjamin Mee Dartmoor Zoo > > Benjamin Mee is the man behind the bestselling book and Hollywood blockbuster film We Bought A Zoo. 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. 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 Carl Bowles, Carter Backer Winter LLP Michelle Butler, Compliance Alliance Ian Defty, DDJ Insolvency Ltd Chris Herron, Herron Fisher Myles Jacobson, Streets SPW Andrew Kelsall, Larking Gowen Gareth Limb, Compliance on Call Ltd Penny McCoull, ASM Recovery Ltd Elizabeth Pywowarczuk, Liberta Financial Ltd Andrew Tate, Kreston Reeves LLP Andrew Turner, Lovewell Blake LLP Charles Turner, mlm Solutions Steven Wiseglass, Inquesta Corporate Recovery R3 CONTACT: Emma Hobson, R3 Director

8 CONFERENCE PRICES The fee includes all refreshments 16 November 2016 Pre-conference accommodation VAT ( 120) Standard guestroom Please tick appropriate membership category November 2016 Residential conference package Accommodation now only available at the overflow hotel Ramada Warwick Hotel VAT ( 600) Fellows VAT ( 672) Members VAT ( 738) New professionals VAT ( 798) Associates VAT ( 924) Non-members Package includes all refreshments plus dinner and standard accommodation on Thursday 17 November November 2016 Non-residential conference package VAT ( 480) Fellows VAT ( 552) Members VAT ( 618) New professionals VAT ( 678) Associates VAT ( 804) Non-members APPLICATION FORM Surname Surname Surname Firm Address Tel no. Contact name (if not delegate) P.O. number How did you hear about this course? First name First name First name Postcode Fax no. Post LinkedIn Recovery Magazine Other (please specify) Card holder s name *Card no 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 *Card issue no Payment amount or valid from / *Expiry date / Package includes all refreshments plus dinner on Thursday 17 November 2016 (excludes accommodation and breakfast). *Security code (last 3 numbers on the back of the card) Signature: I will be making payment by credit card Please invoice me I enclose a cheque payable to Association of Business Recovery Professionals SPG FORUM TWO DAY CONFERENCE 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, (courses@r3.org.uk) 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 five 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.

9 FEES INSOLVENCY RULES UPDATES HOT TOPICS SIPS DEVELOPMENTS FEES INSOLVENCY RULES UPDATES HOT SIPS DEVELOPMENTS FEES INSOLVENCY RULES UPDATES HOT TOPICS SIPS DEVELOPMENTS FEES INSOLVENCY ES UPDATES HOT TOPICS SIPS DEVELOPMENTS FEES INSOLVENCY RULES UPDATES HOT TOPICS SIPS DEVELOP The Voice of Business Recovery 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. 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: hours How do I join? To take advantage of its member benefits, join today and receive discounts on R3 courses, including this one. Visit today. Association of Business Recovery Professionals 8th floor, 120 Aldersgate Street London EC1A 4JQ Tel: Fax: courses@r3.org.uk