Dealing with suppliers, customers and ROT claims
Produced in partnership with Tom Shepherd of 4 New Square
Dealing with suppliers, customers and ROT claims

The following Restructuring & Insolvency guidance note Produced in partnership with Tom Shepherd of 4 New Square provides comprehensive and up to date legal information covering:

  • Dealing with suppliers, customers and ROT claims
  • Brexit impact
  • Suppliers
  • Utilities suppliers
  • Retention of title (ROT) claims by suppliers
  • Incorporation of clause
  • Types of clause
  • Identification of goods
  • Onward sales to third parties
  • Goods that no longer exist
  • more

Although suppliers are generally unsecured creditors (unless they establish a valid retention of title (ROT) claim) they may be key to a successful turnaround or pre-pack sale. Equally, the support of customers is often an essential part of a successful turnaround business plan.

In this Practice Note we discuss how a company in financial difficulties should deal with a variety of suppliers and customers, and how to approach ROT claims put forward by suppliers.

Brexit impact

As of exit day (31 January 2020) the UK is no longer an EU Member State. However, in accordance with the Withdrawal Agreement, the UK has entered an implementation period, during which it continues to be subject to EU law. References to exit day in many Brexit SIs are to be read as reference to IP completion day (Implementation Period completion day, defined in clause 39 as 31 December 2020 at 11.00 pm) (unless that provision is expressly disapplied by the SI in question). For further details, see News Analysis: Brexit—impact of the Withdrawal Agreement and European Union (Withdrawal Agreement) Act 2020 for R&I lawyers and Brexit Bulletin—key updates, research tips and resources. For further details of the impact on the Recast Regulation on Insolvency, see Practice Note: Brexit—impact on Recast Regulation on Insolvency. In particular, for the impact on administrations, see Practice Note: Brexit—impact