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Our clerks’ room is open between:

8.30am – 6.30pm

Outside of these hours and in cases of urgency, please contact
Paul Bunting on 07971 843023 or
Darren Madle on 07769 714399.

Clerk contacts

Richard Sheehan

Deputy Senior Clerk

020 7420 9503
Oliver Ventura

First Junior Clerk

020 7420 9505
Aron Hanks

Second Junior Clerk

020 7420 9506
Archie Conners

Third Junior Clerk

020 7420 9507

Our clerks’ room is open between:

8.30am – 6.30pm

Outside of these hours and in cases of urgency, please contact
Paul Bunting on 07971 843023 or
Darren Madle on 07769 714399.

Clerk contacts

Richard Sheehan

Deputy Senior Clerk

020 7420 9503
Oliver Ventura

First Junior Clerk

020 7420 9505
Aron Hanks

Second Junior Clerk

020 7420 9506
Archie Conners

Third Junior Clerk

020 7420 9507

Business Rates Avoidance Schemes: Secretary of State v PAG Asset Preservation Ltd [2020] EWCA Civ 101

The Court of Appeal has handed down its judgment in Secretary of State for Business, Energy and Industrial Strategy v PAG Asset Preservation Ltd [2020] EWCA Civ 101, dismissing the Secretary of State’s appeals.

The Secretary of State had presented petitions under s.124A of the Insolvency Act 1986 (to wind up two companies, PAG Asset Preservation Limited (“PAGAPL”) and MB Vacant Property Solutions Limited (“MBV”) (collectively “the Companies”), on public interest grounds. The Companies operated schemes for the avoidance or mitigation of national non-domestic rates (colloquially known as ‘business rates’). It was alleged by the Secretary of State that the schemes in question misused or abused or subverted the insolvency legislation, so that the Companies ought to be wound up.

The Court of Appeal unanimously upheld the decision of HHJ Stephen Davies, who dismissed the petitions and refused to wind up the Companies.

Nicholas Trompeter (led by David Chivers Q.C.) appeared for the Companies. He was instructed by Jonathon Crook of Gorvins Solicitors.