Taxpayer loses if insolvency exemption lost

Taxpayer loses if insolvency exemption lost

News that a leading defendant firm has called for an immediate end to the exemption for mesothelioma cases from the costs provisions of LASPO should tell the Lord Chancellor exactly where the defence interests lie - in stifling proper claims by legitimate victims.

Similarly in insolvency the loser will be the taxpayer and the smaller trade creditors if the insolvency exemption is lost.

It is a public policy anomaly, as retention of the exemption fits well with greater use of the private sector incentivised to perform in delivering national targets such as fraud reduction and rehabilitation of offenders.

I urge the Lord Chancellor to think again.

 

Latest Articles:
About the author:

Frances gained her LLB (Hons) at Kings’ College, London University in 1983. She then attended Chester College of Law to take what were then the Solicitors’ Final Examinations. She has been at Moon Beever since 1984 where she trained, qualifying in 1986, and a partner since 1988 becoming Managing Partner in 2000. She is also a founder partner of ShawnCoulson, an international association, of which Moon Beever is the London office. She is Head of Insolvency and Business Recovery at Moon Beever running a substantial team of insolvency specialists. She undertakes most areas of personal and corporate insolvency, specialising in contentious insolvency especially cases involving fraud, as well as provisional liquidations and injunctive work generally.

She is Chairman of the Appeal Committee at ACCA and a member of the Insolvency Law Evaluation Panel at the Insolvency Service, and CBI Insolvency Panel as well as a member of Insol, and the IBA and, veering towards the personal, of the NFU, and the Carlton Club.

Frances is a regular speaker in the UK and abroad on insolvency and practice management.

Frances was formerly Chairman of the SPG Committee of R3, the Insolvency trade body representing 97% of licensed insolvency practitioners. She is President of R3 for 2011-2012, and remains a member of its R3 Policy Group.

She is interested in all things equestrian as are her three daughters and her husband, and spends her free time (such as it is) with her family and other animals, riding and trying to improve her strokes at Real Tennis.