A local interest insolvency story with interesting implications for both consumers and venues
A stressful situation for everyone involved.
What does this mean for each of the parties involved, and what actions are open to them?
Implications for the client
- When a company enters administration, an insolvency practitioner is appointed to manage its affairs. The client should contact the insolvency practitioner as soon as possible to understand the position of the venue, and whether or not they will honour existing bookings
- Review the terms and conditions of the booking to see what happens in case of cancellation or business failure and recourse might be open to them. Likewise, check any insurance policy in place to see if it covers venue insolvency.
- If the venue owes the client money, they may be able to register as an unsecured creditor with the administrator, although this is not a guarantee that money will be refunded
- Hire expert legal advice
Implications for the venue:
- The venue can appoint a specialist representative to explore recovery options such as debt refinancing, raising new funding, and a partial or total sell off
- It could also explore a Company Voluntary Arrangement (CVA), which would allow it reach a formal agreement with creditors to pay debts over time while continuing operations, and therefore honour existing bookings.
- If the venue had expert legal advice at the commencement of its business, it’s contract may include a force majeure clause to provide legal protection against refunds due to unforeseen circumstances – good legal advice always pays dividends later.
- Check insurance policies. Business interruption or insolvency insurance may help cover some losses and reduce financial exposure.
- Hire expert legal advice
Hiring expert legal advice is the common denominator
For a venue facing financial difficulties or potential administration, Leverets can provide assistance in the following ways:
- Insolvency and Restructuring Advice:
- Assessment of Financial Position: Analysing the venue’s financial health to determine viable options, such as restructuring or entering a CVA.
- Guidance Through Administration: managing the process and aiming to protect the business and its assets.
- Contractual and Legal Protection
- Review of Client Contracts: Ensuring that existing contracts include clauses that protect the venue in cases of unforeseen circumstances, potentially mitigating legal liabilities,
- Risk Management: Advising on legal strategies to minimise exposure to lawsuits from clients and creditors.
- Communication and Reputation Management
- Legal Communication Support: Assisting in drafting clear and legally-sound communications to clients regarding the venue’s status and any changes to their bookings.
- Dispute Resolution: Offering mediation services to resolve conflicts amicably, preserving the venue’s reputation and client relationships.
- Representation in Legal Proceedings
- Defence Against Claims: Providing legal representation if lawsuits arise, aiming to protect the venue’s interests and achieve favourable outcomes.
- Pursuing Claims: Assisting in recovering debts owed to the venue, improving its financial standing.
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For more information on how Leverets can help you as a consumer or business get in touch today.