Month: April 2018

The ban, from 7 February 2018 to 6 February 2032, one year short of the maximum, follows an investigation into the affairs of Fintan Noel Arrowsmith.

During the period 2010 to 2017, Fintan Arrowsmith had traded as a horticulturist but ceased trading in April 2017 after the failure of his crop.

He stated his liabilities mostly related to stock obtained on credit from suppliers and on 18 October 2017, Fintan Arrowsmith filed on his own bankruptcy petition, listing a deficiency of £39,374.

Fintan Arrowsmith was interviewed by the Official Receiver at which time he stated that he had traded as F Arrowsmith, Glebe Farm Nursery during the period 2010 to April 2017.

He further explained that in 2016 he had a significant loss of his perishable stock, which were uninsured as no underwriter was willing to insure him because of his bankruptcy history

The Insolvency Service investigation into his affairs confirmed that Fintan Arrowsmith had signed a Bankruptcy Restrictions Undertaking (BRU) on 17 November 2009, which was accepted by the Secretary of State and was effective for 11 years to November 2020.

This meant that Fintan Arrowsmith had defied his bankruptcy restrictions and obtained a variety of stock and supplies, to the value of at least £24,549, from trade creditors on cash-on-delivery and credit terms.

The Official Receiver made enquiries with these trade creditors, all of whom confirmed Fintan Arrowsmith had not disclosed that he had been made bankrupt before obtaining credit and that they would not have extended credit to Mr Arrowsmith had they been aware of this.

On 7 February 2018, a bankruptcy restrictions order (BRO) was made by the court, as directed by the Secretary of State for Business, Energy and Industrial Strategy, against Mr Arrowsmith (47), ordering him to be bound for 14 years, by the restrictions set out in insolvency law that a bankrupt is subject to until they are discharged from bankruptcy – normally 12 months – until 2032.

Gerard O’Hare, an Official Receiver at the Insolvency Service, said:

Where a bankrupt has acted contrary to restrictions placed upon him by insolvency law, by obtaining credit with fully disclosing his states, he should not expect to do so without consequences, particularly when others suffer financial loss as a result.

A bankruptcy restriction in these circumstances will serve to provide creditors with a degree of protection, and it will also act as a deterrent to the bankrupt not to act in a similar manner in the future.

Notes to editors

Mr Fintan Noel Arrowsmith is of Sleaford and his date of birth is December 1970. The Bankruptcy Order was made against him on 19 October 2017 on his own petition.

Mr Arrowsmith’s bankruptcies were:

• In 2003 – as Fintan Mahgabhan
• In 2005 – as Fintan Noel Mahgabhan-Arrowsmith
• In 2008 – as Fintan Noel Arrowsmith
• In 2017 – as Fintan Noel Arrowsmith

If the Official Receiver considers that the conduct of a bankrupt has been dishonest or blameworthy in some other way, he (or she) will report the facts to court and ask for a Bankruptcy Restrictions Order (BRO) to be made. The court will consider this report and any other evidence put before it, and will decide whether it should make a BRO. If it does, the bankrupt will be subject to certain restrictions for the period stated in the order. This can be from 2 to 15 years.

The bankrupt may instead agree to a Bankruptcy Restrictions Undertaking (BRU) which has the same effect as an order, but will mean that the matter does not go to court.

These are restrictions set out in insolvency law that the bankrupt is subject to until they are discharged from bankruptcy – normally 12 months and include that bankrupts:

• must disclose their status to a credit provider if they wish to get credit of more than £500
• who carry on business in a different name from the name in which they were made bankrupt, they must disclose to those they wish to do business with the name (or trading style) under which they were made bankrupt
• may not act as the director of a company nor take part in its promotion, formation or management unless they have a court’s permission to do so
• may not act as an insolvency practitioner, or as the receiver or manager of the property of a company on behalf of debenture holders

The Insolvency Service, an executive agency sponsored by the Department for Business, Energy and Industrial Strategy (BEIS), administers the insolvency regime, and aims to deliver and promote a range of investigation and enforcement activities both civil and criminal in nature, to support fair and open markets. We do this by effectively enforcing the statutory company and insolvency regimes, maintaining public confidence in those regimes and reducing the harm caused to victims of fraudulent activity and to the business community, including dealing with the disqualification of directors in corporate failures.

BEIS’ mission is to build a dynamic and competitive UK economy that works for all, in particular by creating the conditions for business success and promoting an open global economy. The Criminal Investigations and Prosecutions team contributes to this aim by taking action to deter fraud and to regulate the market. They investigate and prosecute a range of offences, primarily relating to personal or company insolvencies.

The agency also authorises and regulates the insolvency profession, assesses and pays statutory entitlement to redundancy payments when an employer cannot or will not pay employees, provides banking and investment services for bankruptcy and liquidation estate funds and advises ministers and other government departments on insolvency law and practice.

Further information about the work of the Insolvency Service, and how to complain about financial misconduct, is available.

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A call for evidence for a potential ban on the live export of animals for slaughter after Brexit has been launched by Environment Secretary Michael Gove. It will also look at higher welfare standards for live animal movements.

Taking action on live animal exports forms part of the government’s programme of reforms to cement our position as a global leader in animal welfare as we leave the EU and deliver a Green Brexit.

The Farm Animal Welfare Committee has also launched a review into the existing welfare standards for animals during transport, and this is being complemented by research commissioned by Defra from Scotland’s Rural College and the University of Edinburgh.

Environment Secretary Michael Gove said:

We have some of the highest animal welfare standards in the world which we are strengthening further by raising maximum sentences for animal cruelty to five years and introducing mandatory CCTV in abattoirs.

All animals deserve to get the respect and care they deserve at every stage of their lives. This call for evidence begins to deliver on our manifesto commitment which aims to control the export of live animals for slaughter once we leave the European Union.

With all options being considered, I am keen to hear from industry, the devolved authorities and charities on all possible options and evidence on this vital issue.

The call for evidence, which will last for six weeks, seeks views from across industry, devolved authorities, charities and the general public on how the government might raise standards of animal welfare during transport after the UK leaves the EU. All options for future improvements in this area are being considered, including a potential ban on the live export of animals for slaughter.

Latest figures, from 2016, show that each year over four thousand sheep are transported from the UK to continental Europe for slaughter.

British Veterinary Association President John Fishwick said:

“BVA welcomes the launch of the government’s call for evidence on live animal exports. We believe that production animals should not be transported long distances to the abattoir but should be slaughtered as near to the point of production as possible. Animals should be transported on the hook, as meat, not on the hoof, as live animals.

“It is vital that we maintain the UK’s current high standards of animal welfare post-Brexit and seek opportunities to improve them. We look forward to contributing to this call and seeing the results once the evidence has been collected.”

This announcement builds on a wide range of animal welfare reforms announced by the government, including:

• Making CCTV mandatory in slaughterhouses
• Increasing the maximum prison sentence for animal abuse from six months to five years
• Updating a number of animal welfare codes

We will discuss the evidence and any future proposals with the Devolved Administrations.

Notes to Editors:

• The Government’s full manifesto commitment in this area is “as we leave the European Union, we can take early steps to control the export of live farm animals for slaughter.”

During his one-day visit, Minister Field will have an audience with the Sultan of Perak, HRH Sultan Nazrin Shah, to discuss interfaith dialogue and tackling the illegal wildlife trade.

The Minister will meet with the Governor of the Central Bank of Malaysia, Tan Sri Muhammad bin Ibrahim, as well as prominent business leader and the Chairman of the CIMB Group, Dato’ Seri Mohamed Nazir.

He will also meet senior representatives from leading UK companies in Malaysia to discuss strengthening trade and investment ties between the two countries.

Minister Field said:

The historic relationship between the UK and Malaysia is today one of modern partnership, particularly in the areas of prosperity and security.

Building on this strong foundation, I am confident that both our countries will be able to increase this collaboration, for instance on trade and investment, education, defence and security, research and innovation. We will continue to work together to tackle some of today’s biggest global challenges such as climate change, the illegal wildlife trade, counter-terrorism and extremism.

Further information

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