5 Things You May Not Know About NDP

Our contentious insolvency and commercial litigation work is perhaps what NDP is best known for. However, we like to think there is a little more to us, and the work our team does, than that. Here are 5 more areas of law that we also specialise in.insolvency

1.) Non-Contentious Insolvency Work

NDP has a thriving Non-Contentious Insolvency Practice.  For example, we are currently advising 3 separate National Insolvency Practices and the Management teams of 3 quite separate and diverse businesses as to:

  • The drafting and filing of the documents behind and leading up to Notice of Intention to Appoint Administrators, for the 3 separate businesses, each with a £15m plus turnover, in the retail, travel and engineering sectors.
  • We are instructed by the to-be-appointed Insolvency Practioners to deal with the sales of those businesses and their assets and all matters in between, to include negotiating ongoing supply contracts, advising on TUPE issues and on Retention of Title issues.

Iain MacDonald, Neil Davies and Kunal Bhalla lead our work in this area, with Iain also leading on drafting and advising on commercial agreements of all shapes and sizes to NDP’s insolvency and general practice clients

2.) Tax Litigation

We continue to advise the Taxpayer on many cases to include those proceeding in the Tax Tribunals and the High Court. For example, we currently represent the Taxpayer on a £35m claim against him, arising out of overlapping claims against him by HMRC and by the Liquidators of his failed limited company business.

We are also currently advising a number of Directors of failed limited company businesses, where HMRC have issued Personal Liability Notices (‘PLN’s’) against those Directors under paragraph 19(1) Schedule 24 of the Finance Act 2007, seeking to impose personal liability on Directors where HMRC have concluded that the company should pay penalties for deliberate inaccuracies and where HMRC then imposed personal liability on the Directors, based on them causing or allowing the inaccuracies complained of.

We have achieved notable successes for our Director clients in such PLN cases.

We are also advising a number of clients in relation to claims arising out of Employee Benefit Trusts, and other disguised remuneration schemes, often with the assistance of external Tax professionals. Many of these cases involve claims of eye watering value. We aim to bring certainty and conclusion to such cases, using a developed strategy on such cases.

3.) Shareholder Disputes

We believe we add real value in these cases, aiding the resolution of such shareholder disputes without litigation (where possible) by using diplomacy and mediation skills and by focusing the attention of all of the parties on all possible outcomes.  It is vital that everyone knows their best- and worst-case scenarios from the outset, so that vitally important factors to include costs, adverse costs and the stress and distractions of litigation are fully understood before war is commenced.

We are, for example, currently advising:

  • The Director and majority Shareholder of a major Accountancy Practice in his dispute with his co- Shareholder. A negotiated solution looked a million miles away, only 2 months ago.  It has been a painful process, but a negotiated resolution is near, without the need for litigation.
  • A disenfranchised minority Shareholder, as to his risks and remedies arising out of the improper conduct of the majority Shareholder in their kit car business. Again, our objective is to achieve a litigation-free solution.
  • The majority Shareholder of a specialist construction and maintenance business, where a minority Shareholder (who has an interest in a competing business) is behaving in a disruptive and damaging way. Our advice has helped our client to go into it with his eyes wide open as to his objectives, the costs involved and the risks involved.

4.) White Collar Criminal Defence and Regulatory Work

In David Hanman, NDPhas one of the best regulatory practitioners in the business at its disposal. What work does David Hanman get involved in? David and his NDP Team are currently engaged on the following projects:

  • Representing several our Director clients in rebutting claims that they have acted in breach of Director Disqualification bans (this offence if proved is likely to include time in prison). We have recently enjoyed success in such a case, where the criminal law allegations have been abandoned.
  • Representing a Director client facing criminal allegations that he personally breached Health & Safety requirements in his limited company, that resulted in the death of a worker. Again, a successful prosecution would likely involve prison time for the Director. We are working with the company’s insurers on this project.
  • Representing former and current Licensed Insolvency Practitioners facing regulatory investigation by their Regulatory Professional Bodies (‘RPB’s’) or claims against them from successor office holders, appointed to their cases.
  • Representing Accountancy professionals facing investigation by their RPB’s.
  • Representing a wide range of individuals, subject to criminal prosecution for:
    • Alleged offences under the Insolvency Act 1986.
    • Bribery and corruption offences.
    • Money Laundering claims.

5.) Our Day to Day ‘Regulatory Work’ Currently Sees Us….

  • Representing Singapore based Liquidators, assisting them to recover seven figure debts from UK and Irish entities.
  • Representing 16 different firms of Insolvency Practitioners in dealing with their various instructions, in both corporate and personal insolvency matters.
  • Representing Directors faced with Misfeasance Claims from Liquidators.
  • Representing Directors faced with Director Disqualification Investigations/Director Disqualification Proceedings.
  • Advising several Claimants on claims based in professional negligence/breach of duty against former Solicitors.
  • Pursuing a seven-figure sum from HMRC, in respect of its failings in dealing with a Taxpayer that caused the demise of the client’s company.

As You Can See, there is More to NDP than Contentious Insolvency and Commercial Litigation Work

Based in the centre of the thriving City of Birmingham, our team of solicitors takes instructions from across the UK and overseas. We have built a strong reputation in our areas of specialism for ‘Delivering Results Through Experience’. Please look at some of our testimonials to see what our clients say.

If you need our help and advice in any of our areas of expertise, please contact us or call us on 0121 200 7040 for a free initial chat. The sooner you get in touch the more likely it is that we can help.

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