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Mediators Experience

Introduction

Gary has been in the insolvency profession for over 31 years and, as a licensed insolvency practitioner, remains an appointment taker through the Institute of Chartered Accountants in England & Wales.

Upon the recommendation of a highly regarded Queen’s Council Gary qualified as a mediator in 2014.  He focuses on:

1. All insolvency-related issues, including:

  • Restoration claims against directors.
  • Adverse loan accounts.
  • Claims against insolvency practitioners.

2. Contractual disputes.

3. Management/shareholder disputes.

Gary has been a member of Council at The Association of Business Recovery Professionals (“R3”) where his role included being part of the consultation team for the Enterprise Bill, putting forward the concept that became the statute for handling the bankrupts’ dwelling property and preparation of the guidelines for pre-packaged sales.

While on R3 Council Gary was the principal author of the booklet, “Setting yourself up in Practice” and has also been advisor to the (then shadow government) Conservative party on both insolvency matters and the Government-backed loan guarantee scheme. The Government advisory roles included being a contributor to the review of football governance at the request of George Osborne MP.

Gary is often consulted by solicitors and other insolvency practitioners with regards to insolvency related issues, including assistance on acquisitions, defending actions and providing advice surrounding various litigious matters.

Selected achievements

Over his career Gary has a proud record of never losing when court intervention was required. He puts this down to being honest with himself and considering the arguments available for both parties involved but, on a more practical level, recognising the likely outcome. As he says,

“It is pointless incurring significant legal fees for a judgment debt that cannot be recovered (wholly or in part).”

 

Others include:

  • Setting down (what is considered by some as) the clearest guidance for unlawful property dispositions (between the presentation of a petition and the making of the order).
  • Successfully negotiating the withdrawal of a substantial claim for wrongful trading against a director who had already been disqualified for trading whilst insolvent.
  • Achieved a settlement of a professional negligence claim against an insolvency office holder where substantial damages were sought under un-tested legal provisions.
  • Negotiating settlement of a long-running management dispute, involving several businesses.
  • Trading a company under administration for 5 months before selling the business as a going concern.  The outcome was payment in full with a substantial return to shareholders.
  • Successfully challenging the distribution rights under the Insolvent Partnerships Order 1994 where a solicitor was subject to a non-interlocking IVA.

Gary Pettit

Telephone: (01604) 212150

Email: garypettit@pbcbusinessrecovery.co.uk

9/10, Scirocco Close, Moulton Park

Northampton, NN3 6AP