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Credit Management November 2023

THE CICM MAGAZINE FOR CONSUMER AND COMMERCIAL CREDIT PROFESSIONALS

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CREDIT MANAGEMENT<br />

CM<br />

NOVEMBER <strong>2023</strong> £13.00<br />

THE CICM MAGAZINE FOR CONSUMER AND<br />

COMMERCIAL CREDIT PROFESSIONALS<br />

MILK AND<br />

MONEY<br />

Managing cashflow<br />

for Organic growth<br />

Has the future regulation<br />

of insolvency really been<br />

resolved. Page 10<br />

Pan-European research shows<br />

growing numbers of people are<br />

defaulting on their bills. Page 20


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SEAN FEAST FCICM<br />

MANAGING EDITOR<br />

Editor’s column<br />

Cows, milk and why late<br />

payment is a complex issue<br />

EVERY so often a story lands<br />

on your desk that makes you<br />

smile. This month it was<br />

one that transported me<br />

back to my childhood, and a<br />

campaign from Unigate (for<br />

anyone below the age of 50 this could all<br />

be quite meaningless – Unigate was sold to<br />

Dairy Crest in 2000).<br />

Very briefly it was an advertising<br />

campaign about ‘Humphreys’ who were<br />

milk thieves whose only physical presence<br />

was a red and white straw that marched<br />

around at the bottom of your television<br />

screen and drained the milk from a bottle<br />

to the tune of ‘watch out watch out there’s a<br />

Humphrey about.’ I assume it was to make<br />

it fun for kids to drink more milk and drink<br />

it quickly before it got pinched. It was,<br />

frankly, genius and led to a whole series of<br />

‘merch’ including a T-shirt that I probably<br />

still have somewhere.<br />

The point is that ever since then I have<br />

always been fascinated by the dairy<br />

industry, and as a farmer’s son was always<br />

a little disappointed my father went down<br />

the beef route (and the odd pig) rather<br />

than dairy! So I was delighted to hear of an<br />

organic dairy in Ayrshire, Mossgiel Organic<br />

Farm, that is going places, expanding its<br />

product offering, and collaborating with<br />

five other local dairies as a co-operative to<br />

act as a bridge between the farming families<br />

and its buying partners.<br />

In interviewing farmer Bryce<br />

Cunningham for your magazine, I was<br />

very interested to hear how he was using<br />

Invoice Finance as a tool to manage his<br />

cashflow, to fund the gap between delivery<br />

and payment. While it is often the larger<br />

customers who are blamed for putting the<br />

squeeze on smaller suppliers, I was also<br />

intrigued – though not surprised – that<br />

Bryce hasn’t found this to be the case:<br />

“How quickly we get paid is usually more to<br />

do with the systems our customers use,” he<br />

told me. “Those that are more digital, and<br />

more compatible with our own, are usually<br />

the quickest to pay, whereas those who are<br />

still using primarily paper-based systems<br />

take longer to pay their bills.”<br />

So a note once again to the various<br />

pressure groups, politicians and<br />

organisations doing their bit to support<br />

SMEs and address the late payment<br />

challenge. Keep up the good work but<br />

remember it’s a complex issue that cannot<br />

be over-simplified into assuming all<br />

big businesses are bad, and all smaller<br />

businesses are hard done by.<br />

As farmer Bryce’s experience shows,<br />

his investment in technology and Invoice<br />

Finance is paying off. If smaller businesses<br />

gave more focus to credit management,<br />

and the professional advice, technology<br />

and services available, not least though our<br />

members and partners, they could go a long<br />

way to solving the problem for themselves.<br />

Brave | Curious | Resilient / www.cicm.com / <strong>November</strong> <strong>2023</strong> / PAGE 3


CONTENTS<br />

<strong>November</strong> <strong>2023</strong> issue<br />

10 – SLIDING DOORS<br />

The future regulation of insolvency appears to be<br />

resolved. Or is it?<br />

14 – PRIORITY ORDER<br />

What is the hierarchy for the distribution of assets<br />

of an insolvent business.<br />

20 – DRIVEN TO DEFAULT?<br />

Pan-European research suggests that a growing<br />

number of people are defaulting on their<br />

bills.<br />

24 – MOOVING UPWARDS<br />

A Scottish dairy farmer shows how to manage cash<br />

and growth.<br />

26 – EYE OF THE BEHOLDER<br />

Equality, prejudice, discrimination, and the limits<br />

of the law.<br />

30 – STRESS AND YOU<br />

What are legal implications of an employee<br />

experiencing stress?<br />

36 – DUTCH COURAGE<br />

The Netherlands may be small but it punches<br />

above its weight.<br />

40 – SAFETY IN NUMBERS<br />

Group actions will continue to grow in the UK. But<br />

there are concerns.<br />

52 – A CUT ABOVE<br />

A career veteran of the industry talks about how<br />

a love of learning has supported her career from<br />

junior credit manager to CICM Fellow.<br />

55 – ROUTES TO SUCCESS<br />

Candidates may take many different routes to<br />

joining your credit team.<br />

14<br />

PRIORITY ORDER<br />

What is the hierarchy for the<br />

distribution of assets of an<br />

insolvent business, and<br />

what could it mean for you?<br />

10<br />

SLIDING DOORS<br />

24<br />

MOOVING<br />

UPWARDS<br />

Brave | Curious | Resilient / www.cicm.com / <strong>November</strong> <strong>2023</strong> / PAGE 4


CICM GOVERNANCE<br />

President: Stephen Baister FCICM<br />

Chief Executive: Sue Chapple FCICM<br />

Executive Board: Chair Debbie Nolan FCICM(Grad)<br />

Vice Chair: Phil Rice FCICM / Treasurer: Glen Bullivant FCICM<br />

Larry Coltman FCICM /Neil Jinks FCICM / Allan Poole MCICM<br />

26<br />

EYE OF THE<br />

BEHOLDER<br />

36<br />

COUNTRY FOCUS<br />

The Netherlands<br />

may be small but it<br />

punches above its<br />

weight.<br />

Advisory Council: Caroline Asquith-Turnbull FCICM<br />

Laurie Beagle FCICM / Glen Bullivant FCICM<br />

Brendan Clarkson FCICM / Larry Coltman FCICM<br />

Peter Gent FCICM(Grad) / Victoria Herd FCICM(Grad)<br />

Andrew Hignett MCICM(Grad) / Laural Jefferies FCICM<br />

Neil Jinks FCICM/ Martin Kirby FCICM<br />

Charles Mayhew FCICM / Hans Meijer FCICM<br />

Debbie Nolan FCICM(Grad) / Amanda Phelan MCICM(Grad)<br />

Allan Poole MCICM / Phil Rice FCICM / Phil Roberts FCICM<br />

Chris Sanders FCICM / Paula Swain FCICM<br />

Jamie Thornton MCICM / Mark Taylor MCICM<br />

Atul Vadher FCICM(Grad)<br />

View our digital version online at www.cicm.com.<br />

Log on to the Members’ area, and click on the<br />

tab labelled ‘<strong>Credit</strong> <strong>Management</strong> magazine.’<br />

<strong>Credit</strong> <strong>Management</strong> is distributed to the entire<br />

UK and international CICM membership, as well<br />

as additional subscribers<br />

Publisher<br />

Chartered Institute of <strong>Credit</strong> <strong>Management</strong><br />

1 Accent Park, Bakewell Road, Orton Southgate,<br />

Peterborough PE2 6XS<br />

Telephone: 01780 722900<br />

Email: editorial@cicm.com<br />

Website: www.cicm.com<br />

CMM: www.creditmanagement.org.uk<br />

Managing Editor: Sean Feast FCICM<br />

Deputy Editor: Iona Yadallee<br />

Art Editor: Andrew Morris<br />

Telephone: 01780 722910<br />

Email: andrew.morris@cicm.com<br />

Editorial Team<br />

Joe Clarkson, Rob Howard, Roshika Perera,<br />

Melanie York and Mona Yazdanparast<br />

Advertising<br />

Paul Heitzman<br />

Telephone: 01727 739 196<br />

Email: paul@centuryone.uk<br />

Printers<br />

Stephens & George Print Group<br />

<strong>2023</strong> subscriptions<br />

UK: £129 per annum<br />

International: £160 per annum<br />

Single copies: £13.00<br />

ISSN 0265-2099<br />

Reproduction in whole or part is forbidden without specific permission.<br />

Opinions expressed in this magazine do not, unless stated, reflect those<br />

of the Chartered Institute of <strong>Credit</strong> <strong>Management</strong>. The Editor reserves<br />

the right to abbreviate letters if necessary. The Institute is registered as a<br />

charity. The mark ‘<strong>Credit</strong> <strong>Management</strong>’ is a registered trade mark of the<br />

Chartered Institute of <strong>Credit</strong> <strong>Management</strong>.<br />

Any articles published relating to English law will differ from laws in Scotland and Wales.<br />

Brave | Curious | Resilient / www.cicm.com / <strong>November</strong> <strong>2023</strong> / PAGE 5


CMNEWS<br />

A round-up of news stories from the<br />

world of consumer and commercial credit.<br />

Written by – Sean Feast FCICM<br />

Contingent market opens up<br />

to new players, expert says<br />

THE market for contingent<br />

consumer collections continues<br />

to be progressive as a result of<br />

the cost-of-living crisis, and<br />

the space is opening up to new<br />

players, especially those focused<br />

on delivering best-in-class digital platforms<br />

for customer engagement.<br />

Julian Winfield, Managing Director of<br />

Advantis <strong>Credit</strong>, believes that the new<br />

Consumer Duty has also served the industry<br />

well for those who were early adopters:<br />

“Consumer Duty marks an important<br />

evolution in the way in which firms think<br />

about delivering fair outcomes for customers,<br />

particularly for regulated firms and Financial<br />

Services organisations. It enables prospective<br />

clients to look at agencies with a different<br />

lens and on a level playing field,” he explains.<br />

“For most of us, the FCA’s latest initiative<br />

will have little impact since the industry and<br />

businesses like ours have been focused on<br />

customer outcomes for some time, but what<br />

is interesting is that it will mean that all<br />

agencies will have to further evidence those<br />

outcomes.<br />

“It shines a spotlight on a company’s<br />

existing compliance function and helps<br />

to strengthen it where necessary. This is<br />

particularly valuable in giving even greater<br />

confidence to the banks and other regulated<br />

lenders that the processes are not only<br />

watertight but ensure the right customer<br />

outcomes.”<br />

Speaking exclusively to <strong>Credit</strong><br />

<strong>Management</strong>, Julian says he continues to see<br />

the trend towards digital and self-serve grow:<br />

“It’s a healthy conversation to be having,” he<br />

continues. “Clients – and especially those<br />

within Financial Services – want agencies<br />

to engage with their customers in ways in<br />

which the customer is familiar and expects<br />

to be treated. That is driving true customercentric<br />

behaviour; our clients need more than<br />

a safe pair of hands.<br />

“We believe it is important to recognise<br />

that not every customer journey is linear;<br />

engagement strategies need to be bespoke,<br />

to engage with customers at times and<br />

in ways that mirror the behaviour of the<br />

customer.”<br />

Advantis <strong>Credit</strong>, which employs some<br />

250 staff working from the former Minton<br />

Factory in Stoke, has an established 20-year<br />

track record in collecting utility, energy,<br />

financial services, telecoms and public sector<br />

debt<br />

Julian says the impact of the cost-of-living<br />

on collections very much varies between<br />

the different sectors. Energy providers, for<br />

example, have been working hard with<br />

their customers to keep prices down and<br />

avoid debts from accumulating; within the<br />

financial services sector the volume of oneoff<br />

payments and settlements have fallen:<br />

“It shines a spotlight on a company’s<br />

existing compliance function and<br />

helps to strengthen it where necessary.<br />

This is particularly valuable in giving<br />

even greater confidence to the banks<br />

and other regulated lenders that the<br />

processes are not only watertight but<br />

ensure the right customer outcomes.”<br />

“The dynamic of collecting overdue taxes is<br />

very different from collecting a traditional<br />

consumer debt,” he says, “because you are<br />

collecting tax from earned money that the<br />

customer has received, and that’s a very<br />

different mindset.”<br />

The company is currently further<br />

expanding its portfolio of clients, with a<br />

particular focus on utility providers, financial<br />

services, and debt buyers. Advantis is<br />

reacting to an increasing requirement for an<br />

integrated offer with High Court and fieldbased<br />

collections in conjunction with its<br />

portfolio companies in CDER Group.<br />

Brave | Curious | Resilient / www.cicm.com / <strong>November</strong> <strong>2023</strong> / PAGE 6


Higher<br />

mortgage<br />

rates put a<br />

new cohort of<br />

borrowers at<br />

risk<br />

A lead consultant at analytics software<br />

leader FICO believes that rising<br />

mortgage rates will inevitably lead to a<br />

larger number of vulnerable customers<br />

needing debt support and potential<br />

forbearance.<br />

The typical profile of customers<br />

entering the collections space, he<br />

believes, may also change and this puts<br />

the spotlight firmly on how collections<br />

teams operate.<br />

“According to the Bank of England,<br />

higher mortgage rates — combined with<br />

rising costs of living — are now making<br />

it far harder for borrowers to afford their<br />

mortgage debt repayments,” says Peter<br />

Lemon, Lead Consultant at FICO. “This<br />

could cause some households to default<br />

on payments or be obliged to cut back<br />

sharply on their spending, posing a risk<br />

to financial stability.<br />

“Underlining the financial balancing<br />

act many households face, our own<br />

credit card data shows that average card<br />

spending has reached its highest level<br />

since our reporting began in 2006, at<br />

£835 in June <strong>2023</strong>. And the longer-term<br />

impact of rising costs over the last 12<br />

NEWS ROUNDUP<br />

RSM reports significant<br />

increase in revenues<br />

LEADING audit, tax and consulting firm<br />

RSM UK has reported a 14.3 percent<br />

(£60.9m) increase in UK annual revenues<br />

to a record £486.3m for its financial<br />

year ending 31 March <strong>2023</strong>. The results<br />

mark consistent year-on-year growth<br />

following last year’s 13 percent revenue<br />

increase.<br />

During the full financial year, the<br />

firm increased its total headcount by<br />

13 percent (up from four percent in<br />

2022) to 4,715 people (including 356<br />

partners), increased its new trainee<br />

numbers by 24 percent to 818 (2022:<br />

658) and maintained its promotion<br />

numbers for both partners and directors.<br />

The business says that this record<br />

intake is part of its strategic ambition<br />

months is evident in the proportion of<br />

accounts missing payments.”<br />

Peter says that accounts rolling<br />

forwards from one to two missed<br />

payments continue to increase steadily:<br />

26.6 percent higher year-on-year in<br />

June. The percentage of accounts going<br />

over their limit has also shown a marked<br />

increase over the last 12 months, with<br />

new accounts (those open less than 12<br />

months) showing the sharpest<br />

increase.<br />

“The reality is that there is likely to be<br />

a larger number – and broader profile -<br />

of vulnerable customers needing debt<br />

support and potential forbearance,” he<br />

says. “And for Tier One lenders and<br />

debt collectors, there is likely to be an<br />

increased need for digital-led payment<br />

plans, as well as a higher demand for<br />

loan modification so that the longerterm<br />

financial impacts can be worked<br />

through.<br />

“Lenders and debt collectors will,<br />

therefore, want to reassess best practice,<br />

to enhance their collection capabilities<br />

without negatively impacting<br />

customers’ wellbeing.”<br />

to strengthen the firm from within<br />

its own ranks. The firm’s audit and<br />

assurance service line delivered another<br />

strong year within a heavily regulated<br />

environment with an 20.1 percent<br />

increase in revenues to £137.1m.<br />

Rob Donaldson, CEO for RSM UK says<br />

that despite the economic challenges of<br />

the past year, RSM has kept investing in<br />

its business: “I believe we have entered<br />

a virtuous circle – robust financial<br />

performance gives us the ability and<br />

confidence to invest in our future. In our<br />

fee-earners, our technology and in our<br />

critical core functions, we are putting<br />

more money back into the business<br />

to become an ever more formidable<br />

competitor,” he concludes.<br />

>NEWS<br />

IN BRIEF<br />

Trade Ledger<br />

TRADE Ledger is now accepting<br />

applications from banks to join its<br />

beta program which is being deployed<br />

by Accenture. Copilot, built on top<br />

of Trade Ledger’s data platform, “is<br />

the last component of the tech stack<br />

required to effectively crack open the<br />

$120tn embedded lending opportunity<br />

for working capital finance,”<br />

according to Trade Ledger CEO Martin<br />

McCann. Just a small number of<br />

banks will be accepted for the beta<br />

program, giving them exclusive early<br />

access to what the firm is describing<br />

as the world’s first generative AI<br />

interface for embedded complex<br />

business finance. The Trade Ledger<br />

data platform is already being used<br />

by banks such as HSBC and Barclays<br />

in 15 countries to cut the application<br />

to decision time for working capital<br />

finance to 48 hours. Copilot is built<br />

on top of the platform and will be<br />

available to banks participating in<br />

the beta program to distribute to<br />

their customers as a simpler way to<br />

understand and apply for working<br />

capital credit.<br />

True performance<br />

TRUELAYER, described as Europe’s<br />

leading open banking payments<br />

network, has reached the milestone<br />

of processing one million variable<br />

recurring payment (VRP) transactions<br />

in a single month. This news comes<br />

just three months after TrueLayer<br />

announced it had processed one<br />

million VRP transactions in total.<br />

The business says that this rapid<br />

surge in VRP adoption reflects an<br />

increasing recognition of the valuable<br />

opportunities that they present to<br />

both UK consumers and businesses.<br />

As this growth continues, VRPs<br />

are poised ‘to significantly impact<br />

and potentially reshape traditional<br />

methods like direct debits and cardon-file<br />

payments’.<br />

Forums acquisition<br />

THE Order to Cash Laboratory (O2C<br />

Lab) has officially launched as a<br />

transformative force in the Order to<br />

Cash (O2C) and credit management<br />

industry. Co-founded by Chris<br />

Sanders FCICM and Kerry McKevitt,<br />

the company says it is poised ‘to<br />

revolutionise the way organisations<br />

engage as a credit management<br />

community’. To support its strategy,<br />

O2C Lab has acquired Forums<br />

International, the company founded<br />

by Laurie Beagle.<br />

Brave | Curious | Resilient / www.cicm.com / <strong>November</strong> <strong>2023</strong> / PAGE 7


NEWS ROUNDUP<br />

Being in your 40s is better<br />

than being in your 20s<br />

PEOPLE aged 20-24 have<br />

the lowest resilience<br />

scores in all kinds of<br />

areas, from savings and<br />

surplus cash to being on<br />

track for retirement.<br />

Figures from the latest Hargreaves<br />

Lansdown Savings & Resilience<br />

Barometer suggests that people aged<br />

40 are at their peak in terms of having<br />

enough emergency savings and<br />

surplus cash, and being on track with<br />

their retirement savings.<br />

It shows those who are still working<br />

over the age of 60 score well for<br />

savings and life insurance, but have<br />

one of the lowest levels of surplus<br />

cash – only second to those in their<br />

20s. It shows that people aged 20-24<br />

have the lowest resilience scores in<br />

almost every measure.<br />

Sarah Coles, Head of Personal<br />

Finance, Hargreaves Lansdown, says<br />

that while your skin and bones may<br />

testify to overall deterioration, your<br />

finances are likely to have gone from<br />

strength to strength: “The Barometer<br />

found that when we start out in our<br />

adult life, we have the worst of all<br />

worlds financially,” she explains.<br />

“We’re earning less on average,<br />

we haven’t had the time or cash with<br />

which to start saving or investing,<br />

we spend a larger proportion of our<br />

income on the absolute essentials,<br />

and we may also have debts to pay.<br />

It’s why overall 20 somethings have<br />

such low resilience – particularly<br />

those in their early 20s who may<br />

still be studying. At this stage only<br />

15 percent have enough cash left at<br />

the end of the month to be resilient,<br />

just 29 percent are on track with their<br />

retirement savings and 31 percent<br />

have enough emergency savings.<br />

“As we enter our 30s, we earn<br />

more, but we also tend to hit some<br />

of the more expensive milestones in<br />

life. The average first time buyer in<br />

the UK is 32, and on average women<br />

have their first child just shy of their<br />

31st birthday, and men just before<br />

they are 34, so it’s an expensive time.<br />

It’s one reason why those aged 30-34<br />

score worst of all for their use of debt<br />

– with only 16 percent passing the<br />

resilience threshold – because too<br />

many of them are using it to make<br />

ends meet. Similarly, only 24 percent<br />

of this age group are resilient when it<br />

Bibby says Bank lending retreat presents<br />

significant threat to the UK economy<br />

BANKS appear to be retreating from<br />

lending to small businesses, according<br />

to new research from independent SME<br />

funder Bibby Financial Services, and<br />

creating a significant threat to the UK<br />

economy.<br />

Data from BFS’s latest SME<br />

Confidence Tracker report reveal<br />

that while almost half (43 percent) of<br />

UK SMEs say their need for external<br />

finance has increased compared to six<br />

months ago, 54 percent say it is harder<br />

to access finance.<br />

Worryingly, more than two-thirds<br />

(67 percent) believe banks are less<br />

willing to lend to them today, increasing<br />

to 71 percent for SMEs with turnover<br />

between £1m and £5m. Of those using<br />

external finance sources, two-fifths<br />

(42 percent) say incumbent lenders<br />

have reduced funding availability<br />

between March and September.<br />

Theo Chatha, Chief Financial Officer<br />

at Bibby Financial Services thinks<br />

the findings are worrying: “It will<br />

undoubtedly hamper the UK’s economic<br />

recovery, placing further pressure on an<br />

already besieged SME population. Data<br />

reflects a potential turn in the UK credit<br />

cycle during a cost-of-doing-business<br />

crisis not seen on this scale<br />

for decades.”<br />

Against a backdrop of dogged<br />

inflation, sustained energy costs and<br />

high interest rates, the deterioration<br />

in access to finance is an additional<br />

barrier for SMEs who are calling for<br />

further support. Two-thirds (65 percent)<br />

want to see greater tax incentives,<br />

and 57 percent are asking the next<br />

Government to improve access to<br />

loans and grants.<br />

Findings are supported by data<br />

from BDRC’s SME Finance Monitor<br />

which found success rates for credit<br />

applications among SMEs fell to 46<br />

percent in Q2, a significant decrease<br />

on the 74 percent seen pre-Covid.<br />

“Though banks today are better<br />

capitalised than they were during the<br />

Financial Crisis, economic conditions<br />

coupled with regulatory and accounting<br />

initiatives look to be driving tougher<br />

lending criteria.” – Theo Chatha<br />

“Though banks today are better<br />

capitalised than they were during the<br />

Financial Crisis, economic conditions<br />

coupled with regulatory and accounting<br />

initiatives look to be driving tougher<br />

lending criteria,” Theo adds.<br />

“This will have a significant impact<br />

on SME finance, both in terms of the<br />

level of funding SMEs have access to,<br />

and the profile of businesses banks are<br />

comfortable to lend to. Unaddressed,<br />

this situation will intensify, causing<br />

a further rise in the number of<br />

insolvencies over the coming months<br />

– something the Bank of England has<br />

warned of.”<br />

Notwithstanding the stark findings,<br />

some optimism remains among SME<br />

owners and decision makers with 63<br />

percent expecting sales to grow over<br />

the coming months. Regarding the<br />

need for external finance, 38 percent<br />

require funding to manage day-to-day<br />

operations, and almost half (49 percent)<br />

say they need finance to fuel growth<br />

and expansion.<br />

“Though traditional lending sources<br />

for SMEs seem to be drying-up,<br />

the reality is that there are more<br />

independent options available for SMEs<br />

than ever before,” Theo concludes. “Gone<br />

are the days when banks need to be the<br />

first and only port of call for businesses<br />

looking for funding to survive, thrive<br />

and grow.”<br />

Brave | Curious | Resilient / www.cicm.com / <strong>November</strong> / PAGE 8


NEWS ROUNDUP<br />

“We’re earning less on average, we<br />

haven’t had the time or cash with which<br />

to start saving or investing, we spend a<br />

larger proportion of our income on the<br />

absolute essentials.’’<br />

comes to how affordable their debts are<br />

in future – which falls even further to 21<br />

percent among those aged 35-39.”<br />

Sarah says that on reaching our 40s,<br />

on average we hit peak earnings, which<br />

is a high point for those having enough<br />

cash left over at the end of the month<br />

– at 47 percent – and why that age<br />

group has the opportunity to prioritise<br />

things like emergency savings funds:<br />

“Some 70 percent of those aged 45-49<br />

have enough emergency savings –<br />

more than any other age group. We’ve<br />

also started to look further ahead.<br />

Retirement doesn’t feel a million miles<br />

away, so we’ll often be prioritising<br />

pension contributions. Retirement<br />

preparedness peaks at 45-49, when<br />

46 percent of people are on track for a<br />

moderate income in retirement.”<br />

But, Sarah warns, enjoy it while it<br />

lasts, because if we hit our 60s and are<br />

still working, on average our finances<br />

tend to have taken a turn: “This may<br />

well be because those who are in a<br />

stronger position may have stopped<br />

work, leaving those in a weaker<br />

financial position working to make<br />

up for lost time. Surplus cash levels<br />

drop back to 36 percent – the lowest<br />

they’ve been since our 20s, while only<br />

38 percent are on track for a moderate<br />

retirement income – the lowest since<br />

the age of 39.’’<br />

Asset finance loan from Allica<br />

Bank is picture perfect for VMI TV<br />

A new £243,000 asset finance loan from<br />

Allica Bank, brokered by media industry<br />

finance specialist Medialease, is helping<br />

award-winning camera rental company<br />

VMI TV to access and maintain the<br />

very latest high-end equipment to meet<br />

evolving customer demand.<br />

VMI is a family-run and multi-awardwinning<br />

camera and filming equipment<br />

rental company based in London and<br />

Bristol. Founded in 1979, the business<br />

supplies high-end production for the likes<br />

of the BBC, ITV, Sky, Universal Pictures<br />

and Netflix.<br />

For VMI, having the latest camera and<br />

filming technology is essential and so<br />

each quarter the team meets to assess<br />

current equipment stocks. The team<br />

identified the need to increase its stock<br />

of vintage lenses as well as a new cinema<br />

camera. With lenses alone costing up to<br />

£50,000, the business typically uses asset<br />

finance to fund new purchases.<br />

VMI reached out to its broker partner,<br />

Medialease, who in turn connected<br />

the business with Allica Bank. Arshad<br />

Miah, Allica Bank’s Senior Business<br />

Development Manager, said that it’s partly<br />

thanks to the Government’s Recovery<br />

Loan Scheme (RLS) that Allica was able<br />

to lend against these sorts of assets; RLS<br />

offers a 70 percent recovery guarantee to<br />

the lender, helping them to share the risk.<br />

>NEWS<br />

IN BRIEF<br />

PKF GM helps save<br />

120 jobs in Pre-Pack of<br />

historic hotel<br />

MORE than 120 jobs and the future<br />

of the 73-bedroom Lumley Castle<br />

hotel have been secured after PKF<br />

GM effected a rescue of the business<br />

through Administration after<br />

experiencing financial difficulties.<br />

Joint administrator Oliver Collinge<br />

says he is delighted to have secured<br />

not only the future of all employees, but<br />

also all future weddings and events that<br />

would have had to have been cancelled<br />

had the hotel been forced to close.<br />

The hotel was sold to Lord<br />

Scarbrough and his Trustees and<br />

will be managed by Bespoke Hotels:<br />

“Maintaining this wonderful hotel<br />

and the team at Lumley Castle is our<br />

priority,” Lord Scarbrough said. “Lumley<br />

Castle was our family home for many<br />

centuries and, notwithstanding the<br />

best efforts of the previous tenants,<br />

it became apparent that the current<br />

structure was not sustainable and,<br />

therefore, I agreed with my Trustees<br />

to take the property in-hand acquiring<br />

it from Joint Administrators Oliver<br />

Collinge and James Sleight of PKF<br />

GM, to ensure that one of the principal<br />

hotels of the county continues to be a<br />

key destination for guests, weddings<br />

and conferences.”<br />

Oliver Collinge told <strong>Credit</strong><br />

<strong>Management</strong> it was a challenging<br />

transaction delivered within a short<br />

timeframe: “We are delighted to have<br />

achieved an outcome which preserves<br />

this historic business, providing<br />

continuity for all employees and,<br />

importantly, ensuring the continuity<br />

of the business to facilitate future<br />

weddings, events and room bookings,”<br />

“Maintaining this<br />

wonderful hotel<br />

and the team at<br />

Lumley Castle is<br />

our priority.”<br />

Brave | Curious | Resilient / www.cicm.com / <strong>November</strong> / PAGE 9


INSOLVENCY<br />

Sliding doors<br />

The future regulation of insolvency<br />

appears to be resolved. Or is it?<br />

AUTHOR – David Kerr<br />

THE UK Government, in<br />

the guise of the Insolvency<br />

Service (the oversight<br />

regulator), has finally<br />

published its decision on<br />

what the future for the<br />

regulation of Insolvency Practitioners<br />

(IPs) will look like, following its 2021<br />

consultation. Or has it?<br />

For those who value and see the merits<br />

of the current regime based on delegated<br />

authority to well-established Recognised<br />

Professional Bodies (RPBs) – and I count<br />

myself among them – the sweetness of the<br />

‘fudge’ over the issue of a single regulator<br />

for the profession has been soured by<br />

the threat of yet more uncertainty over<br />

what a future Government might yet do,<br />

should it decide that further measures<br />

are necessary.<br />

In one sense then, not actually a<br />

definitive decision at all, which is<br />

unhelpful on such a central point. The<br />

main announcement not to impose a<br />

new single regulator on IPs (for now, at<br />

least) was rather drowned out by a drum<br />

roll for other (expected and for the most<br />

part non-controversial) arrangements to<br />

introduce improvements to the current<br />

regime; it does though give the present<br />

RPBs a temporary reprieve, and for IP’s<br />

it simply means not much change for the<br />

time being.<br />

Main thrust<br />

This 'decision' on a single regulator wasn't<br />

the main thrust of the Government's<br />

statement on the subject, perhaps<br />

for obvious reasons. We will come to<br />

consider whether the proposed single<br />

regulator concept in the consultation<br />

was a justified and proportionate<br />

response to any perceived shortcomings<br />

in the current system. But the focus<br />

in the recent announcement was on a<br />

broadly supported new step to authorise<br />

and regulate firms … or more accurately,<br />

the partnerships and corporate entities<br />

in which most IPs work. This has been<br />

largely welcomed and is aimed at<br />

bringing some currently unregulated<br />

companies into the regulatory sphere,<br />

for example those running high volumes<br />

of Individual Voluntary Arrangements<br />

“I understand the<br />

rationale behind<br />

the compensation<br />

scheme, but have<br />

significant concerns it<br />

could lead to a wave<br />

of unsubstantiated<br />

claims and the<br />

creation of a PPI-style<br />

claims management<br />

industry’’<br />

– Nicky Fisher<br />

Brave | Curious | Resilient / www.cicm.com / <strong>November</strong> <strong>2023</strong> / PAGE 10


INSOLVENCY<br />

Another factor to weigh up<br />

when considering whether the proposal<br />

was a proportionate response is the<br />

extent to which (if at all) the present<br />

system was broken.<br />

– David Kerr<br />

(IVAs) in the personal insolvency market.<br />

This and the other proposals might<br />

take another two years or more to bring<br />

in, because they may require primary<br />

legislation, for which time is limited. Will<br />

we see a Bill to cover this before the next<br />

general election, or in the first year of a<br />

new Government in 2025? Perhaps not,<br />

so we are left with the possibility that a<br />

process that has its origins in legislation<br />

in 2015 (The Small Business, Enterprise<br />

& Employment Act 2015) will likely take<br />

a full 10 years or more to be brought into<br />

fruition – a period in which a profession<br />

focussed on rescuing financiallydistressed<br />

business and providing debt<br />

relief for thousands of individuals has had<br />

a regulatory shadow hanging over it.<br />

Notwithstanding the likely delay in<br />

implementation, the measures that have<br />

been announced merit some examination.<br />

Single regulator<br />

This may not have been the focal point of<br />

the Government’s public relations push,<br />

but it will have been the first aspect that<br />

the profession will have looked for in the<br />

published statement. Arguments about<br />

the number of regulators in the UK system<br />

have been running for years, and at a time<br />

when there were eight different bodies<br />

licensing about 1,600 IPs, you can see why;<br />

that didn’t make a lot of sense. However,<br />

by the time the Government came to the<br />

view that it might do something about<br />

that, the market had largely resolved the<br />

issue by itself.<br />

The two law societies in England and<br />

Scotland had withdrawn from their<br />

RPB roles, and they were followed by<br />

the ACCA, each taking the view that<br />

their relatively small numbers of IPs<br />

made the role unviable for them. The<br />

rationalisation resulting from those steps<br />

left two main IP regulators in England<br />

and Wales (covering more than 90 percent<br />

of active IPs), with two others mainly<br />

covering Scotland and Northern Ireland.<br />

There have also been some profession-led<br />

measures over the years that produced<br />

one set of entry exams, and a standardised<br />

suite of mandatory practice statements,<br />

and in collaboration with the Insolvency<br />

Service there were developments in the<br />

Brave | Curious | Resilient / www.cicm.com / <strong>November</strong> / PAGE 11<br />

complaints arena with a new centralised<br />

portal for making complaints and a<br />

published common sanctions guidance to<br />

facilitate consistency of outcomes.<br />

Another factor to weigh up when<br />

considering whether the proposal was a<br />

proportionate response is the extent to<br />

which (if at all) the present system was<br />

broken. Despite some weaknesses, there is<br />

a case to be made to suggest it was not. For<br />

a start, the Service has been the oversight<br />

regulator (in effect, the regulator of the<br />

RPB front-line regulators) since 1986<br />

(when licensing of IPs was first introduced<br />

into UK law) and has monitored the<br />

RPBs for competence/consistency and<br />

published annual reports on regulatory<br />

activity. More recently, it has published its<br />

monitoring reports.<br />

So, there has been increasing<br />

transparency, but more importantly<br />

there has been no suggestion in any of<br />

these reports that any of the RPBs have<br />

significantly underperformed. In 2015,<br />

the Service took the powers it had sought<br />

to enable it to become a more effective<br />

oversight regulator – it can issue public<br />

continues on page 12 >


INSOLVENCY<br />

AUTHOR – David Kerr<br />

directions and reprimands, and thereby<br />

take regulatory action based on a lower<br />

threshold than would be required to<br />

terminate an RPB’s authorisation. And<br />

yet, in the eight years following the 2015<br />

provisions, only once (earlier this year)<br />

has it used those powers in a public way.<br />

Absence of action<br />

Notwithstanding the absence of visible<br />

action by the oversight regulator, were<br />

there material shortcomings in the<br />

performance of the RPBs? They were<br />

criticised sometimes for delay, for<br />

example in dealing with complaints from<br />

creditors and others – some taking more<br />

than a year to resolve – not always the<br />

fault of the regulator but nonetheless not<br />

good for complainants or IPs, and not<br />

a great advert for regulatory efficiency!<br />

However, it is surely a stretch to argue<br />

(as would be necessary for the Service to<br />

have met its own test in the consultation)<br />

that these delays constituted a ‘significant<br />

concern currently affecting confidence in<br />

the regime’, for if that was the case then<br />

surely it would have acted.<br />

There were also criticisms around<br />

consistency between the RPBs, but<br />

there is a (published) common sanction<br />

guidance which should drive consistent<br />

outcomes. It is difficult to draw too many<br />

conclusions from the limited information<br />

in the public domain, but to the extent<br />

that inconsistency has been a real issue,<br />

then arguably that is matter for the<br />

oversight regulator.<br />

Perhaps the Service’s proposal to<br />

become the single regulator came too<br />

soon. Distractions attributable to the<br />

pandemic, with a perfectly natural focus<br />

on new temporary legislative measures,<br />

arguably took two years out of the period<br />

originally allowed for assessment of the<br />

effectiveness of the regulatory objectives<br />

and other changes introduced in 2015. So,<br />

maybe there is a case for extending the<br />

deadline, which in one sense is what the<br />

Service has now done.<br />

It is reasonable to ask if there really was<br />

a case made for a single regulator, and<br />

whether the Insolvency Service (as it had<br />

proposed) could have been that regulator,<br />

and do a better job than the RPBs. It<br />

seems the Service was persuaded that it<br />

could not, and that bringing the role into<br />

a Government department would create<br />

more problems than it might solve. Result?<br />

A continuation of the RPB regime, with<br />

other measures designed to improve how it<br />

works, including no doubt close oversight<br />

of any perceived conflicts of interests.<br />

The sting in the tail is the Government’s<br />

stated intention to take legislative powers<br />

(when parliamentary time allows) to<br />

introduce a single regulator, if necessary,<br />

further down the line. Other than the new<br />

statement that any single regulator will<br />

not be the Insolvency Service, nobody<br />

yet knows what that might look like (and<br />

it may never happen), so let’s look at the<br />

other announcements.<br />

Regulating firms<br />

The use of the term ‘firm’ here is perhaps<br />

a little misleading, as the real targets here<br />

are likely the corporates that dominate<br />

the IVA world. Most insolvency work<br />

that is focussed on dealing with failing<br />

companies is undertaken by professional<br />

firms, which are self-regulating to a<br />

degree, and in some other ways are<br />

covered by light-tough regulation by,<br />

for example, the accountancy bodies of<br />

which their principals may be members.<br />

However, the market for services to overindebted<br />

individuals has seen a business<br />

model built around entrepreneurial<br />

corporates in which the IPs may not be<br />

principals and in which consequently the<br />

IPs may be unable to influence a focus on<br />

regulatory compliance to the same extent.<br />

Bringing firms into the sphere of<br />

influence of insolvency regulators has<br />

been broadly welcomed, not least by<br />

the RPBs, which will have new powers<br />

to hold those corporates to account in<br />

ways previously not possible. Instead of<br />

indirect influence via IPs, the regulators<br />

will be able to sanction firms as well as<br />

the IPs working in them.<br />

This new aspect of the current regime<br />

will sit alongside the present regulation of<br />

individual IPs, rightly retaining personal<br />

responsibility for IPs, in whose names<br />

appointments are made, whilst also<br />

recognising the role of the firms in which<br />

they work. Those firm names are often<br />

prominent in marketing and PR, but to<br />

date have not been directly linked to any<br />

sanctions imposed on individual IPs –<br />

that will now change. There will also be<br />

a new searchable register of all IPs and<br />

firms providing insolvency services, with<br />

details of any sanctions.<br />

It is not so unusual for firms in the<br />

accounting sector to be regulated. In<br />

audit and financial services, regulation<br />

of firms is the norm. This new measure<br />

sensibly blends regulation of IPs and<br />

insolvency firms in a way that should<br />

build confidence in the system.<br />

Quite when the change will be made<br />

is another question. Once again, it will<br />

depend on parliamentary time, and we<br />

may therefore have to wait quite a while<br />

before this is enacted.<br />

“I have had the privilege of seeing<br />

first-hand the RPB regulatory systems in<br />

action, and have been proud to be the<br />

voice of creditors in those arenas. I do<br />

think it is crucial that creditors are heard<br />

and that relevant committees take their<br />

views into account in these processes.’’<br />

– Stuart Hopewell FCICM, Pre-Pack Pool.<br />

Compensation changes<br />

One of the other changes promised is the<br />

power for regulators to direct an IP or firm<br />

to pay compensation or ‘otherwise make<br />

good loss or damage’ – that is, damage<br />

caused by IPs. So, potentially something<br />

that has been done by an IP, or that the<br />

IP has omitted to do, causing loss to say<br />

a creditor, could be the subject of a claim<br />

for compensation. This could become<br />

problematic, and the IP ‘trade’ body R3<br />

has raised understandable concerns<br />

about how this might work, and in<br />

particular whether it might lead to a new<br />

‘industry’ in claims. It could clog up the<br />

complaints system and delay completion<br />

of insolvency cases, for little benefit to the<br />

majority of creditors.<br />

There is a proposed cap of £250 for any<br />

claim, which suggests it may be directed<br />

more at consumers in IVAs than other<br />

cases, but any monetary incentive to<br />

make a complaint is likely to increase<br />

the number of them. There will also be a<br />

need to distinguish those matters where<br />

a complainant/claimant has suffered<br />

loss directly as a consequence of an act<br />

or omission by an IP, and where that has<br />

affected one claimant as opposed to a<br />

Brave | Curious | Resilient / www.cicm.com / <strong>November</strong> / PAGE 12


INSOLVENCY<br />

AUTHOR – David Kerr<br />

class of creditors more generally. The latter<br />

scenario is probably best left to the courts<br />

using existing rights of action.<br />

In what circumstances might an IP<br />

have caused loss to a particular creditor/<br />

claimant? Perhaps by failing to answer<br />

correspondence, leading to a creditor<br />

incurring legal costs? Could that even arise<br />

in cases where creditors have been advised<br />

that there is no prospect of a financial<br />

return?<br />

This looks out of place in a corporate<br />

insolvency world and is pitched at such a<br />

low level as to be of little benefit to most of<br />

those who might be minded to claim, but<br />

the burden on IPs could be considerable,<br />

particularly on smaller IP practices. One<br />

such practice operating in South London<br />

and Sussex is Herron Fisher – its principal,<br />

Nicky Fisher, is an IP and president of R3 and<br />

her views on this aspect of the proposals are<br />

probably typical of the concerns raised more<br />

widely: “I understand the rationale behind<br />

the compensation scheme, “ she says, “but<br />

have significant concerns it could lead to<br />

a wave of unsubstantiated claims and the<br />

creation of a PPI-style claims management<br />

industry, which could place an unwanted<br />

and potentially unmanageable burden on<br />

the smaller practices within the profession,<br />

have consequences for the profession’s<br />

ability to deliver for clients and creditors,<br />

and potentially undermine the UK’s<br />

national and international reputation for<br />

having an effective insolvency framework<br />

and profession.”<br />

Practice standards<br />

Currently, the mandatory practice<br />

standards for IPs are set by the Joint<br />

Insolvency Committee (JIC), in which<br />

the RPBs, Insolvency Service, R3 and<br />

creditor representatives participate. This<br />

involvement of specialists and stakeholders<br />

has served the profession well. It may not<br />

produce the quickest results, but its outputs<br />

are generally well thought through and<br />

practical. It is responsible for the Code<br />

of Ethics and Statements of Insolvency<br />

Practice which IPs must observe, across<br />

the profession irrespective of the RPB<br />

that regulates them. Common standards<br />

achieved with lay input to maintain and<br />

raise standards of practice.<br />

The JIC replaced the lay-dominated<br />

Insolvency Practices Council which<br />

previously had the standards-setting role.<br />

All of which makes the latest proposal for<br />

the Insolvency Service to be the final arbiter<br />

on such matters look like a step backwards.<br />

It is not clear how giving the Service the<br />

final say on standards will lead to an<br />

improvement in this arena, particularly as<br />

it remains unclear to what extent external<br />

David A Kerr FIPA FCICM<br />

Currently, the<br />

mandatory<br />

practice standards<br />

for IPs are set<br />

by the Joint<br />

Insolvency<br />

Committee (JIC),<br />

in which the<br />

RPBs, Insolvency<br />

Service, R3<br />

and creditor<br />

representatives<br />

participate.<br />

stakeholders representing creditors and<br />

others will still be at the table. Perhaps the<br />

aim is to remove the need for consensus and<br />

facilitate speedier decisions, but as with<br />

other aspects of the announcement, there<br />

remain many unanswered questions. One of<br />

those is the extent to which lay/stakeholder<br />

input will continue, for example creditor<br />

input. That has been a valuable part of not<br />

only the standards-setting process, but also<br />

a key element of the regulatory decisionmaking<br />

committees which determine<br />

sanctions – with contributions on behalf of<br />

CICM previously from past-chairman Stuart<br />

Hopewell and currently the Institute’s CEO<br />

Sue Chapple FCICM. It’s noteworthy that<br />

the CICM representative on the JIC was its<br />

first-ever lay chair It is vital to retain that<br />

going forward.<br />

Stuart runs the Pre-Pack Pool that provides<br />

reviewers for the independent evaluation of<br />

administrators’ sales to connected parties,<br />

giving reassurance to creditors about the<br />

efficacy of those deals: “I have had the<br />

privilege of seeing first-hand the RPB<br />

regulatory systems in action,” he says, “and<br />

have been proud to be the voice of creditors<br />

in those arenas. I do think it is crucial<br />

that creditors are heard and that relevant<br />

committees take their views into account<br />

in these processes. Setting standards for the<br />

profession is an important part of the mix,<br />

and the Insolvency Service should ensure<br />

that future arrangements retain that lay/<br />

stakeholder input.”<br />

There are other proposed changes that will<br />

likely not have a great impact on creditors<br />

in the majority of insolvency cases and will<br />

not be in force for some time. They include<br />

increases in the cover on the bonds IPs are<br />

required to put in place to protect creditors.<br />

Bond claims are relatively infrequent, and<br />

sensible though these measures are, it is<br />

important that the changes really do benefit<br />

creditors. Time will tell.<br />

Nobody would deny that there are areas<br />

in which the present regulatory regime can<br />

be improved, but the Insolvency Service<br />

perhaps should be congratulated for<br />

eventually coming to the view that there<br />

is great merit in preserving the best of the<br />

present RPB regime, with improvements<br />

in some areas, rather than ripping it up<br />

to start again with a Government agency<br />

taking a direct active role in regulating IPs.<br />

Arguably, the Service as oversight regulator<br />

is a better way forward, but it too must be<br />

willing to use its powers in a more effective<br />

and transparent way to enhance confidence<br />

in a regulatory regime that has gained<br />

world-wide respect over three decades.<br />

David A Kerr FIPA FCICM is a member<br />

of the CICM’s Technical Committee.<br />

Brave | Curious | Resilient / www.cicm.com / <strong>November</strong> / PAGE 13


PRIORITY<br />

ORDER<br />

What is the hierarchy for the distribution<br />

of assets of an insolvent business, and<br />

what could it mean for you?<br />

AUTHOR – Alexandra Davies<br />

Brave | Curious | Resilient / www.cicm.com / <strong>November</strong> / PAGE 14


INSOLVENCY<br />

IN the complex world of corporate<br />

insolvency, where businesses teeter<br />

on the brink of financial collapse,<br />

insolvency practitioners (IPs) play<br />

a pivotal role in administering the<br />

affairs of distressed companies. Their<br />

responsibilities are not only to help liquidate<br />

or rescue a business but also to ensure that<br />

creditors are paid fairly. To achieve this, the<br />

officeholder of the insolvent estate must adhere<br />

to a strict order of priority established by UK<br />

insolvency legislation. This order ensures that<br />

the limited assets of an insolvent company are<br />

distributed in a fair and systematic manner.<br />

Understanding the priority order of claims<br />

and how it works will give credit managers<br />

clarity and help them to manage expectations<br />

internally. The foundation of this order<br />

of priority is set out in the Insolvency Act<br />

1986, which has been the cornerstone of UK<br />

insolvency law for decades. The Act provides<br />

a clear hierarchy for the distribution of<br />

assets, aiming to strike a balance between the<br />

interests of various stakeholders in an insolvent<br />

company.<br />

Secured creditors<br />

At the top of the list of priority claimants are<br />

secured creditors. These are creditors who<br />

have a legal charge or a security interest over<br />

specific assets, such as a mortgage lender that<br />

has repayments outstanding for a key piece of<br />

machinery. They are entitled to be paid from<br />

the proceeds of the sale of the secured assets<br />

before any other claims are settled. Examples of<br />

secured creditors include banks with mortgages<br />

over company properties or lenders with fixed<br />

and floating charges.<br />

Preferential creditors<br />

‘Preferential creditors’ are next in line and<br />

would typically include any money owed to<br />

employees such as arrears of wages, holiday<br />

pay or pension contributions. These claims are<br />

subject to statutory limits.<br />

‘Secondary preferential creditors’ come next.<br />

For example, HMRC might be considered a<br />

‘secondary preferential creditor’ in relation to<br />

certain types of taxes such as PAYE and VAT. In<br />

the case of PAYE, the insolvent business may<br />

have deducted Employee National Insurance<br />

Contributions (NICs) before paying workers,<br />

but not yet paid the taxes to HMRC.<br />

Floating charge holders<br />

Once all secured and preferential creditors have<br />

been paid, any creditor with a floating charge<br />

over the company, can expect to have their<br />

claim settled next. A floating charge holder is a<br />

type of secured creditor against an asset, which<br />

may fluctuate over time. An example of this is<br />

inventory.<br />

Unsecured creditors<br />

Unsecured creditors are at the bottom of the<br />

priority hierarchy. These creditors have no<br />

specific charge or security in terms of the<br />

company’s assets. This category encompasses<br />

trade creditors, suppliers, and other creditors<br />

who are owed money by the insolvent company<br />

and despite typically being the largest group of<br />

claimants, they are also the least likely to realise<br />

the money they are owed.<br />

Fairness and transparency<br />

It is essential for officeholders to diligently follow<br />

this order of priority when administering an<br />

insolvency case. Deviating from this hierarchy<br />

can lead to legal disputes and challenges from<br />

creditors. By adhering to the established order,<br />

officeholders can maintain transparency and<br />

fairness throughout the insolvency process.<br />

In addition, costs and expenses related to<br />

the insolvency process can be settled from<br />

assets realised in the estate. These costs may<br />

vary depending on the work undertaken by<br />

the officeholder, but they are likely to include<br />

fees incurred, legal fees, court costs, agents’<br />

fees and any other necessary expenses in<br />

relation to the administration of the insolvency.<br />

It is essential for officeholders to<br />

diligently follow this order of<br />

priority when administering an<br />

insolvency case. Deviating from this<br />

hierarchy can lead to legal disputes<br />

and challenges from creditors.<br />

The officeholder is able to discharge these costs<br />

prior to the payment of preferential creditors.<br />

Once there are sufficient assets available<br />

in the insolvent estate, the officeholder may<br />

look to make a distribution to creditors in<br />

line with the order of priority. In order for the<br />

officeholder to make a distribution to creditors,<br />

the officeholder should give notice of his<br />

intention to declare and distribute a dividend<br />

and provide creditors 21 days’ notice to prove<br />

their debts (“final date of proving”).<br />

The creditor should aim to complete and<br />

submit a proof of debt form as soon as possible.<br />

This will ensure that the officeholders have all<br />

the necessary information about their claim. It<br />

is important to do this promptly, as failure to<br />

submit a proof of debt may result in creditors<br />

being excluded from the distribution. The<br />

distribution must be declared and paid within<br />

two months from the final date of proving.<br />

Alexandra Davies is a senior manager in the business<br />

recovery team at accountancy firm, Menzies LLP.<br />

Brave | Curious | Resilient / www.cicm.com / <strong>November</strong> / PAGE 15


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HIGH COURT ENFORCEMENT OFFICERS ASSOCIATION<br />

Bolstering the UK Economy<br />

The pivotal role High Court enforcement plays in<br />

supporting a fair and efficient economic environment.<br />

AUTHOR – Alan J. Smith FCICM<br />

HIGH Court enforcement is a critical<br />

component of the United Kingdom's<br />

legal and financial infrastructure.<br />

Its role extends far beyond settling<br />

disputes; it actively contributes to<br />

the stability, growth, and prosperity<br />

of the UK economy.<br />

It is not just huge corporations recovering large<br />

debts. Small businesses, sole traders and individuals<br />

all rely on High Court enforcement to recover money<br />

owed to them and prevent them – as todays creditors<br />

– from becoming the debtors of tomorrow.<br />

Preservation of small businesses<br />

When businesses are not paid for goods or services<br />

provided, their cashflow suffers, limiting their ability<br />

to invest, expand, and create jobs, or even meet their<br />

day to day running costs. With the cost-of-living crisis<br />

the impact on small businesses is more noticeable<br />

than ever.<br />

The backlog of cases in the County Courts is<br />

making it difficult for the businesses and individuals<br />

who are relying on this income to recover the money<br />

owed to them. While judgments for debts over<br />

£600 can be transferred up to the High Court for<br />

efficient recovery, smaller debts that can make a real<br />

difference between a business staying open or facing<br />

insolvency are taking much longer to recover.<br />

By successfully recovering debts, businesses can<br />

maintain liquidity, meet their financial obligations,<br />

and reinvest in their operations, which is why we’re<br />

committed to campaigning for freedom of choice for<br />

court users. A simple change to legislation would<br />

allow them to choose a High Court Enforcement<br />

Officer to help recover debts under £600, increasing<br />

their viability and preventing them from falling into<br />

debt of their own.<br />

Reinforcement of Contractual Commitments<br />

The UK economy thrives on a robust legal system<br />

that enforces contractual commitments. High<br />

Court enforcement plays a vital role in upholding<br />

these commitments, reinforcing the principle that<br />

agreements must be honoured.<br />

This commitment to enforcing contracts promotes<br />

trust and confidence in business transactions,<br />

encouraging investors and businesses to engage in<br />

economic activities with the assurance that their<br />

rights and agreements will be protected.<br />

Encouragement of Responsible Borrowing<br />

and Lending<br />

When debtors know that unpaid debts can lead<br />

to legal consequences, they are incentivised to<br />

fulfil their financial obligations. It can also deter<br />

potential debtors from engaging in non-payment or<br />

defaulting on financial obligations, as they are aware<br />

of the potential legal consequences. This deterrence<br />

contributes to a more efficient and responsible<br />

economic ecosystem.<br />

On the lender side, the knowledge that there is a<br />

mechanism for debt recovery reinforces responsible<br />

lending practices, discouraging the extension of<br />

credit to individuals or businesses with a history of<br />

non-payment. This fosters a healthier credit market<br />

and reduces the risk of financial instability.<br />

As an Association we work closely with the newly<br />

formed Enforcement Conduct Board to ensure<br />

High Court enforcement is carried out flexibly and<br />

responsibly, particularly in cases involving vulnerable<br />

debtors. High Court Enforcement Officers have a role<br />

in ensuring that the vulnerable and socially excluded<br />

are protected and that the recovery process includes<br />

procedures agreed between HCEOs and creditors<br />

about how such situations should be dealt with.<br />

Support for Landlords<br />

The property sector is a significant contributor to<br />

the UK economy. High Court enforcement plays<br />

a crucial role in supporting this by assisting in the<br />

enforcement of Orders of Possession and eviction<br />

proceedings. This is particularly important in cases<br />

where tenants fail to pay rent or breach tenancy<br />

agreements.<br />

By helping landlords regain control of their<br />

properties, High Court enforcement ensures that<br />

rental income is protected, preventing financial losses<br />

and disruptions in property management. A stable<br />

property sector positively impacts property values,<br />

property tax revenue, and associated industries, such<br />

as construction and property management.<br />

With the recent suspension of County Court bailiff<br />

appointments, it is High Court enforcement that<br />

has been able to continue to provide support for<br />

landlords looking to recover their property or rent<br />

arrears.<br />

A vital role for UK plc<br />

No system is perfect, but we’ve been working hard<br />

with Government and other stakeholders to make<br />

High Court enforcement more accessible through<br />

digitisation and ensure that standards are maintained<br />

through appropriate funding.<br />

Our members perform a vital role for UK plc<br />

– while they are doing the work that no one really<br />

thinks about, High Court enforcement preserves<br />

the financial health of businesses, encourages<br />

responsible financial behaviour, and reinforces<br />

contractual commitments. Its role in maintaining a<br />

fair and efficient economic environment underscores<br />

its significance as a cornerstone of the UK economy.<br />

Alan J. Smith FCICM is Chairman<br />

of the High Court Enforcement Officers Association.<br />

Brave | Curious | Resilient / www.cicm.com / <strong>November</strong> / PAGE 17


Brave | Curious | Resilient / www.cicm.com / <strong>November</strong> / PAGE 18


CONSUMER CREDIT<br />

Driven to default?<br />

New pan-European research shows a growing<br />

number of people are defaulting on their bills.<br />

AUTHOR – Heather Greig-Smith<br />

ACCORDING to early findings<br />

from the annual<br />

European Consumer Payment<br />

Report, due to be<br />

published in <strong>November</strong>,<br />

three quarters (76 percent)<br />

of consumers are only just breaking<br />

even or are overspending each month.<br />

The survey of more than 20,000 people<br />

across 20 European countries is produced<br />

by credit management group Intrum.<br />

This year, it shows the toll that high<br />

interest rates and inflation are having on<br />

consumers, with savings depleted and<br />

budgets already tightened.<br />

The average overspender exceeds their<br />

budget by €232 a month – adding up to<br />

€2,784 a year. In the UK, 24 percent of the<br />

population admit they overspend. The<br />

average amount they go over is £190 –<br />

adding up to £2,280 a year. That’s a huge<br />

challenge for both individuals and the<br />

businesses relying on their payments.<br />

“This level of overspending by a<br />

significant segment of the population is<br />

extremely worrying,” says Intrum UK’s<br />

Managing Director Eddie Nott. “Over<br />

time, relatively small amounts can easily<br />

mount into bigger debts. Many people<br />

have already gone through their savings<br />

during the last few difficult years and<br />

have no buffer to cope with the financial<br />

challenges they are facing.”<br />

Skipping payments<br />

The impact on payments is already being<br />

felt. More than a third (35 percent) of<br />

consumers have skipped at least one<br />

bill in the last 12 months. In the UK, 33<br />

percent admit to having done so.<br />

This is not surprising when you consider<br />

that half the population have suffered a<br />

disposable income drop. Consumers’ real<br />

earnings have stagnated or even declined<br />

as surging inflation and higher borrowing<br />

costs continue to be a problem for<br />

European and UK households. As many<br />

as 49 percent of consumers say they have<br />

significantly or slightly less spending<br />

money after paying for essential items<br />

and bills than they did a year ago.<br />

Meanwhile, many consumers’ resilience<br />

is hanging by a thread because they lack<br />

a cash buffer to cover unexpected costs.<br />

Worryingly, one in five (20 percent) admit<br />

they have no savings to fall back on, and<br />

a further 17 percent have less than one<br />

“At this difficult<br />

time for the<br />

European economy,<br />

we might expect to<br />

see a new wave of<br />

consumer hostility<br />

towards ‘the<br />

system’”<br />

Intrum Chief<br />

Executive Andrés<br />

Rubio.<br />

month’s income saved. In the UK a quarter<br />

(24 percent) of consumers say they have<br />

no savings at all.<br />

As a result, more than three in four<br />

consumers (78 percent) may demand a<br />

pay rise from their employer this year,<br />

while 41 percent anticipate taking on<br />

extra credit to make ends meet.<br />

Mortgage pain on the horizon<br />

An even bigger concern for households is<br />

that they are only just starting to feel the<br />

impact of higher borrowing costs. In much<br />

of Europe, a significant proportion of<br />

homeowners are on fixed-rate mortgages<br />

that last several years. These borrowers<br />

will only be exposed to the rise in rates<br />

once their existing deals expire and they<br />

are forced to refinance.<br />

In the UK, the average mortgage holder<br />

was paying a rate of just three percent<br />

in June, even though the typical cost<br />

of a new two-year fixed-rate mortgage<br />

had risen to more than six percent. Fastforward<br />

to the end of 2024, and as many as<br />

4.4 million borrowers will be leaving their<br />

fixed-rate deals and grappling with higher<br />

mortgage costs, according to trade body<br />

UK Finance.<br />

Consumers throughout Europe face<br />

a similar prospect, although we see<br />

significant variation between countries.<br />

Across the eurozone, just 23.1 percent<br />

of mortgage borrowers were paying a<br />

variable rate of interest at the end of June.<br />

In Germany and France, the figures were<br />

16.5 percent and 3.6 percent respectively,<br />

although they were as high as 68 percent<br />

in Portugal and 40.9 percent in Italy. So<br />

tens of millions of mortgage borrowers<br />

will get an unpleasant shock when they<br />

return to the mortgage market to secure<br />

their next home loan deal.<br />

Regional variations<br />

Some regions are experiencing greater<br />

levels of default than others, with 46<br />

percent of those in Northern European<br />

countries admitting to missing at least<br />

one bill payment, compared with 29<br />

percent of those in Eastern Europe.<br />

In Greece, Norway and Switzerland,<br />

more than half of consumers said they<br />

haven’t paid at least one bill on time. In<br />

Portugal and Spain only one in five said<br />

the same. The main reason for failing to<br />

pay bills is simply not having the money<br />

Brave | Curious | Resilient / www.cicm.com / <strong>November</strong> / PAGE 20


“Over time, relatively small amounts can easily mount into<br />

bigger debts. Many people have already gone through their<br />

savings during the last few difficult years and have no buffer<br />

to cope with the financial challenges they are facing.”<br />

– Eddie Nott.<br />

to pay – 43 percent said this was the case, 55<br />

percent in the UK.<br />

Yet, despite the rising levels of missed<br />

payments, one in three people (31 percent) said<br />

they feel less guilty about dodging their payment<br />

due date than in the past. In the UK, this figure is<br />

even higher at 37 percent. It is likely that some of<br />

this changing attitude is because consumers feel<br />

hopeless and have no choice but to miss their<br />

payments. That’s bad news for businesses.<br />

“At this difficult time for the European<br />

economy, we might expect to see a new wave of<br />

consumer hostility towards ‘the system’,” says<br />

Intrum Chief Executive Andrés Rubio.<br />

“There are signs that some social norms are<br />

being undermined. Consumers are starting to<br />

feel that the economy is stacked against them.<br />

Eight in 10 people in our survey, for instance,<br />

believe it is becoming increasingly difficult for<br />

young adults to buy their own homes. In this<br />

environment, businesses that do not behave with<br />

sensitivity can expect a backlash.”<br />

‘Greedflation’ repels consumers<br />

With greater pressure on their disposable<br />

incomes, consumers are drawn towards brands<br />

and businesses that show they understand this<br />

changing landscape.<br />

Half (50 percent) of those surveyed say they<br />

are more likely to spend money with businesses<br />

that offer flexible payment terms such as partial<br />

payments, multiple payment methods or flexible<br />

due dates. Two thirds (67 percent) believe<br />

that companies should offer flexible payment<br />

methods to consumers during difficult economic<br />

periods.<br />

Looking ahead, almost three quarters (71<br />

percent) of consumers say they would stop<br />

spending money with a business if they thought<br />

that it was guilty of ‘greedflation’ by raising its<br />

prices when costs go up, but choosing to not<br />

reduce them when costs fall.<br />

“Businesses need to work sensitively with<br />

consumers to combat their debts,” says Eddie.<br />

“Many customers simply cannot afford to pay<br />

their bills and taking an aggressive stance<br />

won’t make any difference. Instead, they<br />

need to look for sustainable payment plans and<br />

longer-term solutions.”<br />

He adds: “With large numbers of people<br />

spending more than they can afford, businesses<br />

should prepare for increasing numbers of<br />

indebted customers needing support in the<br />

coming months and years.”<br />

Brave | Curious | Resilient / www.cicm.com / <strong>November</strong> / PAGE 21<br />

continues on page 22 >


CONSUMER CREDIT<br />

AUTHOR – Heather Greig-Smith<br />

Optimism lacking<br />

Consumers’ outlook on the future is<br />

bleak, with just 45 percent expecting their<br />

financial situation to improve over the<br />

next 12 months, fuelling the wider sense<br />

of unease and discontent. On average,<br />

people believe that high inflation will<br />

last until early 2025, while at the more<br />

pessimistic end of the scale, 20 percent<br />

believe high inflation will never end.<br />

Although this is unrealistic, it is a<br />

reflection of the lack of hope many have<br />

for the future. Two in three say they<br />

cannot imagine ever becoming wealthy –<br />

no matter how much time and effort they<br />

put into working hard and saving more.<br />

Almost three in 10 have already started to<br />

worry that advances in technology, such<br />

as generative AI, could cause further<br />

issues by taking away their income.<br />

“Consumer-facing businesses and<br />

lenders are serving a customer base that<br />

is uncertain, frustrated and cynical. They<br />

will need to tread carefully in the months<br />

ahead,” says Andrés.<br />

“This might mean adapting corporate<br />

strategies to anticipate shifting consumer<br />

priorities. In our research, we have seen a<br />

year-on-year increase in respondents who<br />

say they are questioning how much they<br />

spend on non-essential purchases, from<br />

digital subscriptions to takeaway coffee.<br />

Around two thirds are already shopping<br />

around to find cheaper products and<br />

services.”<br />

Businesses should therefore prepare<br />

to manage the impact of future missed<br />

payments and non-performing loans.<br />

To date, consumers have weathered<br />

COVID-19, the rising cost of living and<br />

high interest rates and inflation but many<br />

have been stretched to breaking point.<br />

Investing more in understanding the<br />

reasons behind late payment will help<br />

tailor the approach to customer need and<br />

reduce the rate of delinquent payments.<br />

“In our research, we have seen a<br />

year-on-year increase in respondents<br />

who say they are questioning how<br />

much they spend on non-essential<br />

purchases, from digital subscriptions<br />

to takeaway coffee.” – Andrés Rubio.<br />

Heather Greig-Smith is a freelance<br />

business writer.<br />

Brave | Curious | Resilient / www.cicm.com / <strong>November</strong> / PAGE 22


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Brave | Curious | Resilient / www.cicm.com / <strong>November</strong> / PAGE 23


MOOVING<br />

UPWARDS<br />

Scottish farmer shows how<br />

to manage cash and growth.<br />

Brave | Curious | Resilient / www.cicm.com / <strong>November</strong> / PAGE 24


COMMERCIAL FUNDING<br />

AUTHOR – Sean Feast FCICM<br />

THE dairy industry has never<br />

had it easy. According to a<br />

major report published by<br />

the UK Parliament and now<br />

in the House of Commons<br />

Library, the total number of<br />

dairy cows has fallen from 2.6 million in<br />

1996 to 1.9 million in 2020 – or 28 percent<br />

in old money.<br />

Perhaps counter-intuitively, with<br />

fewer beasts the farms have actually<br />

produced more product: 15.3 billion<br />

litres of the White Stuff were produced<br />

in 2020, the highest annual figure for<br />

30 years. Happily, from a low of only<br />

21.5 pence per litre in 2016, farm-gate<br />

milk prices had recovered to 30.4 pence<br />

per litre as of June 2021, and now stand in<br />

the region of 36 pence per litre today. But<br />

it’s still not enough.<br />

A report in Farmers’ Weekly in September<br />

suggested that the current prices were<br />

still a good five- to 10-pence lower than<br />

they needed to be to match current cost<br />

of production, and with mounting costs<br />

of energy, animal feed and fertiliser, a<br />

number of dairy farmers have decided<br />

to call it a day. One anonymous farmer<br />

was reported as saying that ‘trying to get<br />

money is a nightmare’ and as a result,<br />

‘they can’t pay their bills.’<br />

That times are tight is not in dispute, and<br />

different farms have different strategies<br />

in place depending on size, geography<br />

and customer base. For farmer Bryce<br />

Cunningham, owner of Mossgiel Organic<br />

Farm in Ayrshire, for example, dairy<br />

farming is more than a way of life, it’s a<br />

passion. But it comes with its challenges,<br />

not least in managing cashflow from the<br />

moment the product is delivered, to the<br />

point at which he gets paid. Thanks to<br />

the support of a tailored Invoice Finance<br />

facility from Optimum Finance, however,<br />

Bryce is not only able to manage his<br />

cashflow more effectively, but also looking<br />

to expand his current operations.<br />

Mossgiel was founded on the principle<br />

of creating a truly sustainable dairy.<br />

Alongside its herd of 45 Ayrshire cows, it<br />

is also the platform for a co-operative that<br />

includes five other Scottish organic farms:<br />

“We act as the bridge between the farming<br />

families and our buying supporters,” Bryce<br />

told me, “handling the pasteurisation,<br />

processing, bottling and delivery.”<br />

The farmers’ organic milk is sold to a<br />

broad range of customers, from single<br />

bottle doorstep deliveries through to<br />

local businesses and larger retailers. Two<br />

years ago, it won the tender to supply<br />

the nurseries and primary schools of<br />

East Ayrshire with the first zero waste,<br />

zero emission deliveries of 100 percent<br />

organic milk anywhere in the UK to a local<br />

authority.<br />

Range of credit terms<br />

Having such a broad range of customers<br />

comes with an equally broad range of<br />

credit and payment terms – anything from<br />

seven to 60 days. To fund the gap between<br />

delivery and payment, Bryce began<br />

looking at Invoice Finance on the advice<br />

of an intermediary: “We had someone in<br />

to help with our accounts and they’d had<br />

experience of Invoice Finance before and<br />

recommended we spoke to Optimum,”<br />

Bryce explains.<br />

Invoice Finance is a method of cashflow<br />

funding that uses receivables (invoices) as<br />

the principal asset against which money<br />

can be raised. Optimum Finance pays the<br />

farm an agreed percentage of the invoice<br />

value (around 75 percent typically) as<br />

soon as it is submitted, driving access to<br />

liquidity at the point of invoice as opposed<br />

to needing to wait.<br />

Interestingly, and while it is often the<br />

larger customers who are blamed for<br />

putting the squeeze on smaller suppliers,<br />

Bryce hasn’t found this to be the case:<br />

“How quickly we get paid is usually<br />

more to do with the systems our<br />

customers use,” he explains. “Those that<br />

are more digital, and more compatible<br />

with our own, are usually the quickest<br />

to pay, whereas those who are still using<br />

primarily paper-based systems take<br />

longer to pay their bills.”<br />

As well as giving Bryce instant access to<br />

cash, he has also been pleased with the<br />

levels of customer service provided by<br />

the Optimum Finance team: “The team is<br />

always on hand to answer any questions<br />

I have and are very responsive.<br />

“While it took me a few weeks to settle<br />

into the rhythm of things, and understand<br />

how it works, Invoice Finance is now an<br />

essential part of running a successful<br />

business, and I don’t have to worry<br />

about not getting paid or paying my own<br />

suppliers on time.”<br />

Growing ambition<br />

Mossgiel Organic Farm currently produces<br />

something in the order of 1.6 million<br />

litres of organic milk every year and has<br />

an ambition to be producing 400,000<br />

litres of milk every month in the next 10<br />

years. Bryce is especially proud not only<br />

of the quality of their milk, but also their<br />

commitment to sustainability, using reusable<br />

only packaging and all-electric<br />

delivery vehicles. He has also resurrected<br />

some of the ‘old-fashioned’ ways of the<br />

past, including the return of glass bottles<br />

in preference to plastic.<br />

“We pride ourselves on thinking outside<br />

the churn to bring as much of our awardwinning<br />

milk to as many folks as possible,”<br />

Bryce concludes. “We have an ambitious<br />

plan to expand our business and the range<br />

of products we sell and having an Invoice<br />

Finance facility will no doubt support us<br />

on our future journey.”<br />

“We have an ambitious plan to expand our business<br />

and the range of products we sell and having an<br />

Invoice Finance facility will no doubt support us on<br />

our future journey.” – Bryce Cunningham<br />

Brave | Curious | Resilient / www.cicm.com / <strong>November</strong> / PAGE 25


EYE OF THE<br />

BEHOLDER<br />

Equality, prejudice, discrimination,<br />

and the limits of the law.<br />

AUTHOR – Amanda Hamilton<br />

WE were recently treated<br />

to the Women’s World<br />

Cup Soccer tournament<br />

which has, for the<br />

very first time in the<br />

tournament’s history,<br />

attracted massive viewings and attendances.<br />

It was a wonderful tournament with plenty<br />

to say about the brilliant standard of play,<br />

and over 12 million people in the UK alone<br />

watched the final between England and Spain<br />

on TV. Women’s’ football has certainly come a<br />

long way particularly in the last ten years.<br />

And yet, Spain’s victory, and the tournament<br />

as a whole has been tainted by the (now<br />

former) Spanish football federation president<br />

grabbing one of the Spanish players’ head<br />

with both hands and giving her a kiss on<br />

the lips. Would he have done the same if<br />

it had been the men’s team that had won?<br />

Absolutely not!<br />

It is clear that while there appears to<br />

be a willingness to have equity between<br />

the sexes, less discrimination and a more<br />

tolerant society, there is evidently no such<br />

thing in practice. Misogyny, homophobia,<br />

discrimination, prejudice and sexism<br />

continue to exist despite the laws that are<br />

there to discourage them. It has just gone<br />

underground and less spoken about. This is<br />

not just in relation to women’s football but to<br />

the whole of society.<br />

In the UK, since 2004 we have had Civil<br />

Partnerships for same sex couples, and in<br />

2014 the same sex marriage Act became<br />

law. On the face of it there should be parity<br />

between heterosexual and homosexual<br />

partners and legally there is. However, in<br />

reality, there remains an underlying streak of<br />

prejudice relating to homophobia.<br />

Indeed, prejudice of all kinds remain. It’s<br />

just more difficult to prove.<br />

The difficulty becomes apparent when<br />

an individual believes they’ve been subject<br />

to any kind of prejudice or discrimination<br />

because it can only be proved if there happens<br />

to be concrete evidence, such as something<br />

in writing, or a voice or video recording.<br />

Evidence is something that is easy to avoid if<br />

you are a perpetrator. All you have to do is to<br />

avoid saying or writing anything specifically<br />

derogatory.<br />

Discrimination, like beauty, is in the eye of<br />

the beholder.<br />

As a reasonable person, one knows whether<br />

a raised voice and/or aggressive action is<br />

aimed at you because you are gay, a woman<br />

or of ethnic origins.<br />

Laws may be there to protect individuals<br />

legally in theory, but in practice they<br />

don’t prevent inequality or injustices or<br />

discrimination from actually happening in<br />

society. It’s just far more difficult to prove.<br />

– Amanda Hamilton<br />

Brave | Curious | Resilient / www.cicm.com / <strong>November</strong> / PAGE 26


OPINION<br />

Brave | Curious | Resilient / www.cicm.com / <strong>November</strong> / PAGE 27<br />

continues on page 28 >


OPINION<br />

It is clear that while there appears to be a<br />

willingness to have equity between the sexes, less<br />

discrimination and a more tolerant society, there<br />

is evidently no such thing in practice.<br />

– Amanda Hamilton<br />

When a female gay friend heard the raised voices outside her<br />

home of her immediate female neighbour speaking to a man, and<br />

asked whether everything was alright. The man, another neighbour,<br />

with whom she had never spoken previously, aggressively turned<br />

to her and told her to mind her own business and told her that<br />

her boundary wall between her property and that of her opposite<br />

neighbour was coming down. This friend, who is a very strong<br />

independent woman, and well-integrated socially, was unusually<br />

upset by this unprovoked aggressive comment and was convinced<br />

it was fuelled by homophobia. There was nothing in the comments<br />

made to indicate this, but she just instinctively knew. She called the<br />

police and explained the incident to the two officers that arrived and<br />

they offered to visit the neighbour.<br />

As it transpired, some months’ later, the friend requested the police<br />

report and was shocked to find that the police officers completely<br />

rejected her allegation and believed the neighbour when he said that<br />

it was just a spat and there was nothing in it. The police even stated in<br />

the report that there was definitely no ‘homophobia’ involved as the<br />

neighbour had denied it.<br />

This, unfortunately, is the nature of the beast. If a female worker<br />

complains about sexual harassment at work, it becomes the word of<br />

the victim against the perpetrator.<br />

When working in the property business many years ago, a boss was<br />

in the habit of commenting on women’s attributes as they walked past<br />

the shopfront. Having informed him that I found these misogynistic<br />

comments insulting and inappropriate, he just told me to lighten up<br />

and that if I wanted to ‘move up’ the ladder, I would have to change<br />

my attitude. It was just a bit of ‘fun’.<br />

I have had similar stories told to me in respect of discrimination<br />

due to ethnic origin. A friend of colour went for a job interview. She<br />

was well educated, well qualified and had massive experience in the<br />

particular field with excellent references. She did not get the job. This<br />

is not necessarily uncommon, but she told me that in the interview,<br />

which she thought went very well on the whole, there was a feeling<br />

from one of the three interviewing her that she definitely thought was<br />

not right and her instinct told her it was discrimination. She is not the<br />

sort of person that plays that card. She shrugged it off because that<br />

was all she could do. She could not go back and complain because<br />

what would be the basis of the claim? A feeling? An instinct?<br />

In conclusion, laws may be there to protect individuals legally in<br />

theory, but in practice they don’t prevent inequality or injustices or<br />

discrimination from actually happening in society. It’s just far more<br />

difficult to prove.<br />

So, how do we affect a change? Well, that is the question!<br />

Perhaps the best way is to make a complaint to the police under the<br />

umbrella of ‘Anti-Social Behaviour’ and insist that you see the police<br />

report. If, as happened to my friend, the report is inaccurate, you<br />

should then make a point of complaining further.<br />

Alternatively, you could request a legal professional, such as a<br />

Licensed Paralegal, to write a letter to the perpetrator. Neither action<br />

may produce a satisfactory result, but the more these incidents are<br />

addressed, the more it may affect a change in attitude, although it<br />

may take a very long time.<br />

Amanda Hamilton is Patron of the National<br />

Association of Licensed Paralegals.<br />

Brave | Curious | Resilient / www.cicm.com / <strong>November</strong> / PAGE 28


Brave | Curious | Resilient / www.cicm.com / <strong>November</strong> / PAGE 29


HR MATTERS<br />

STRESS AND YOU<br />

What are the legal implications of an<br />

employee experiencing stress?<br />

AUTHOR – Gareth Edwards<br />

STRESS is a fact of life. None of<br />

us are exempt and thankfully,<br />

most learn how to cope.<br />

Occasionally though, stress<br />

can become unrelenting<br />

and excessive, and this<br />

can cause an individual to experience<br />

some unpleasant physical and mental<br />

symptoms.<br />

A certain amount of stress is necessary<br />

for normal functioning as it keeps us<br />

active, alert, and able to deal with life's<br />

problems. Normally, we take the usual<br />

frustrations, long hours, or routine<br />

work in our stride, but in certain<br />

circumstances, stress can become a<br />

real drain on our physical and mental<br />

resources.<br />

To drive the point home, the Health<br />

and Safety Executive (HSE) in a paper<br />

published in <strong>November</strong> 2022, Workrelated<br />

stress, anxiety or depression<br />

statistics in Great Britain, 2022, found<br />

that “in 2021/22 work-related stress,<br />

depression or anxiety accounted for 51<br />

percent of all work-related ill health and<br />

55 percent of all days lost due to workrelated<br />

ill-health” and that “the total<br />

number of cases of work-related stress,<br />

depression or anxiety in 2021/22 was<br />

914,000, a prevalence rate of 2,750 per<br />

100,000 workers.”<br />

Legal implications<br />

But beyond the statistics, stress<br />

can have legal implications too.<br />

First off, employers must comply<br />

with health and safety legislation and<br />

employers have a duty to take reasonable<br />

care over the health and safety of<br />

employees in the workplace – including<br />

stress. In particular, an employer is<br />

required to undertake risk assessments<br />

and then consider the results of those<br />

assessments. Where risks are identified,<br />

the employer should consider them and<br />

take the necessary steps. Employers<br />

also need to consider their obligations<br />

under the Equality Act 2010 as stress can<br />

amount to a disability under the Equality<br />

Act 2010, requiring the employer to make<br />

reasonable adjustments in the workplace<br />

in order to support the employee.<br />

It’s interesting that the HSE found<br />

that there are six key causes of stress<br />

in the workplace – demands, control,<br />

support, relationships, role and change.<br />

Logically, employers should keep these in<br />

Ultimately, it<br />

should be clear<br />

to an employee<br />

that there are<br />

routes available for<br />

obtaining support<br />

and they should<br />

feel able to disclose<br />

issues in the<br />

workplace which<br />

may be causing<br />

them stress.<br />

mind when considering how they can put<br />

in place support for employees.<br />

Employees have responsibilities<br />

But just as employers have obligations,<br />

so do employees. An employee has an<br />

obligation to follow the contractual<br />

conditions of their employment and<br />

to comply with the employer's wider<br />

company policies, however this does<br />

not mean that there is a requirement for<br />

an employee to inform their employer<br />

of how they are feeling, or to put the<br />

employer on notice that they are feeling<br />

unwell. But an employee who does not<br />

inform their employer of the stress that<br />

they are suffering in work may find it<br />

difficult to pursue complaints around<br />

the support, or lack of it, provided by the<br />

employer. This is particularly the case<br />

where the employer gives the employee<br />

the means to raise any concerns or to<br />

seek help.<br />

Even so, employers have to take<br />

proactive steps to protect employees<br />

from stress related illnesses and so<br />

need to consider what support can be<br />

given; clearly larger firms will be able<br />

to do more than those that are smaller.<br />

One option might be to provide access<br />

to a confidential support service while<br />

encouraging a work culture where<br />

positive discussions about workplace<br />

stress and mental health is promoted.<br />

Buddying or mentoring schemes could<br />

also be helpful.<br />

The lone worker<br />

It’s one thing to have a set of policies<br />

on stress, but it’s quite another to put<br />

them into practice. This means that<br />

employers must be proactive and ought<br />

to encourage conversations around<br />

stress and mental health. It’s also<br />

recommended the employers put in<br />

resources and training both at employee<br />

and management levels. Ultimately, it<br />

should be clear to an employee that there<br />

are routes available for obtaining support<br />

and they should feel able to disclose<br />

issues in the workplace which may be<br />

causing them stress. It follows that it is<br />

likely to be necessary for the employer to<br />

meet with them to discuss what support<br />

can be provided to help including the<br />

redistribution of work, moving them to<br />

another role and, where appropriate,<br />

assisting with treatment.<br />

Brave | Curious | Resilient / www.cicm.com / <strong>November</strong> / PAGE 30


It’s one thing<br />

to have a set of<br />

policies on stress,<br />

but it’s quite<br />

another to put<br />

them into practice.<br />

This means that<br />

employers must<br />

be proactive and<br />

ought to encourage<br />

conversations<br />

around stress and<br />

mental health.<br />

Another issue to consider is the remote<br />

employee. Maintaining regular contact with<br />

these workers is crucial and additional steps<br />

should be taken to ensure this is done on<br />

an ongoing basis, possibly through other<br />

employees, not just their line manager.<br />

The penalty for ignoring stress<br />

Stress, like other workplace issues, where<br />

an employer ignores its obligations, can<br />

lead to trouble and an employee bringing<br />

a claim against them. An employee has a<br />

number of potential routes to bring a claim<br />

including claims for personal injury, breach<br />

of contract, unfair dismissal and disability<br />

discrimination.<br />

Stress can often be brought on by working<br />

excessive hours and one interesting case is<br />

that of Jones v Sandwell Metropolitan Borough<br />

Council in 2002. Here a claim was brought by<br />

Mrs Jones, an administrative assistant, who<br />

argued she was rarely working less than 48<br />

hours a week with an upper range of 81 hours<br />

a week. The Court of Appeal determined that<br />

there was sufficient evidence to show that<br />

the hours she was required to work were<br />

excessive and crucially that the demands<br />

placed on her were unreasonable when<br />

considered against her role and pay. The<br />

management team were aware of issues<br />

regarding overwork and the help proposed<br />

was not implemented. The Court found that<br />

the damage to Jones health was foreseeable<br />

and upheld the previously awarded<br />

compensation that was in excess of £150,000.<br />

Brave | Curious | Resilient / www.cicm.com / <strong>November</strong> / PAGE 31<br />

continues on page 40 >


HR MATTERS<br />

AUTHOR – Gareth Edwards<br />

Stress is a fact<br />

of life. However,<br />

employers in a<br />

modern world have<br />

obligations to care<br />

for their staff and<br />

this covers stress.<br />

But apart from legal<br />

obligations, a happy<br />

and unstressed<br />

workforce performs<br />

better.<br />

The case provides a warning to employers<br />

to not simply talk about measures, but to<br />

make sure that that they are agreed with<br />

the employee and implemented.<br />

Issues with self-medication<br />

A natural coping mechanism for an<br />

individual under stress is to self-medicate<br />

with drink and/or drugs. However, an<br />

employer in this situation will need to<br />

consider its wider responsibilities for<br />

the safety of its workforce as a whole<br />

and the public. If for no other reason, an<br />

employee should not be permitted to work<br />

under the influence of alcohol or drugs.<br />

The employer, if they knowingly allowed<br />

it, could be considered to be vicariously<br />

liable in the event of the employee causing<br />

damage or injury.<br />

The use or possession of drugs or<br />

alcohol in the workplace by an employee<br />

may be a disciplinary matter that will need<br />

to be investigated and considered in line<br />

with the employer's disciplinary process.<br />

However, if the use of alcohol and or drugs<br />

is related to stress the employer should<br />

consider, alongside its other obligations,<br />

its responsibilities to that employee and<br />

support as necessary.<br />

As a first step the employer should<br />

speak with the employee discreetly. It may<br />

be that it is appropriate for the employer<br />

to contact the employee's GP or another<br />

health professional. Further, employers<br />

should have in place policies and<br />

procedures setting out the rules around<br />

alcohol and drugs in the workplace. This<br />

should explain, amongst other things,<br />

that if employees are concerned that<br />

they are developing a dependency, they<br />

must inform their employer in order that<br />

appropriate support can be provided.<br />

In summary<br />

Stress is a fact of life. However, employers<br />

in a modern world have obligations to care<br />

for their staff and this covers stress. But<br />

apart from legal obligations, a happy and<br />

unstressed workforce performs better.<br />

Gareth Edwards is a partner in the<br />

employment team at VWV.<br />

PRACTICAL SELF-HELP<br />

Stress build up is often associated with<br />

increased muscular tension. So, frequent<br />

headaches and muscular tension in the<br />

neck, shoulders, back and stomach are<br />

commonly experienced. Occasionally<br />

we may feel the heart beating rapidly.<br />

Clenched hands, profuse sweating,<br />

general restlessness with agitation,<br />

and snappiness are the other main<br />

symptoms.<br />

Illnesses linked with stress build<br />

up are well recognised. These include<br />

anxiety, depression, eczema, psoriasis,<br />

tension headaches, migraine attacks,<br />

stomach ulcers and phobias. There is<br />

also a link between stress and high blood<br />

pressure, which is one of the factors that<br />

may eventually lead to a heart attack or<br />

stroke.<br />

Stress can lead to mental confusion<br />

with an inability to think clearly and<br />

effectively. Memory can fail and simple<br />

things get forgotten, trivial work chores<br />

often take on a far greater significance<br />

than they deserve, and things can get<br />

blown out of all proportion. Some cannot<br />

delegate tasks and others try to do<br />

everything themselves.<br />

DAILY PLAN OF ACTION<br />

Other forms of self-help revolve<br />

around trying to plan the day and time<br />

management. Where possible, even<br />

though it’s hard when on the road, take<br />

a short break from work and take a<br />

brisk walk. Learn how to become more<br />

assertive to deal with people who make<br />

unreasonable demands. Spreading the<br />

workload and delegating jobs can help<br />

too. But also look at diet and include a<br />

wide range of fruit, vegetables, pasta and<br />

brown rice.<br />

It’s important to allow time for<br />

relaxation. If smoking, alcohol, and lack<br />

of sleep are a key feature of life, seek to<br />

address this. They may relieve stress in<br />

the short-term but won’t help in the long<br />

run.<br />

Some of the harmful effects of stress<br />

can be reduced through exercise.<br />

Exercise is an opportunity to get rid of<br />

pent-up energy and also experience a<br />

change of environment. The relaxation<br />

that occurs following physical exercise<br />

can aid sleep. Exercise that is age<br />

appropriate and matches the general<br />

level of fitness are more likely to be<br />

sustained.<br />

SOLUTIONS<br />

There is no magic cure for stress. Some<br />

turn to their doctor or even self-medicate<br />

with alcohol or worse. What were once<br />

considered to be safe medications are<br />

now known to produce psychological<br />

dependence and addiction and doctors<br />

don’t prescribe freely. To an extent,<br />

individuals should try to learn how to<br />

recognise and manage stress and anxiety.<br />

There are many well established<br />

techniques for recognising and managing<br />

stress. The best known is yoga, but<br />

meditation, self-hypnosis, and muscular<br />

relaxation exercises, and music therapy<br />

can help too. The web, including<br />

YouTube, can help with these techniques.<br />

Brave | Curious | Resilient / www.cicm.com / <strong>November</strong> / PAGE 32


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Brave | Curious | Resilient / www.cicm.com / <strong>November</strong> / PAGE 33


International Trade<br />

Monthly round-up of the latest stories<br />

in global trade by Andrea Kirkby.<br />

Sri Lanka on the rebound<br />

MONEYWeek recently ran a<br />

headline, ‘sunny days return<br />

for Sri Lanka’, because rising<br />

interest rates and falling<br />

demand for exports ‘are blunting the<br />

post-Covid economic resurgence of many<br />

Asian economies.’ Quoting Nikkei Asia,<br />

the publication noted that post debtdefault<br />

the country has turned a corner.<br />

Indeed, tourism revenue and<br />

remittances ‘have come roaring back’,<br />

inflation has fallen from 70 percent to<br />

6.3 percent since last September and as<br />

a result, the country’s central bank has<br />

cut interest rates sharply – from a peak<br />

of 15.5 percent in March to May <strong>2023</strong> to 11<br />

percent in July. While tourist revenue and<br />

remittances are still short of pre-Covid<br />

amounts, MoneyWeek reckons that the<br />

country can easily return to its previous<br />

levels.<br />

It helps that the IMF estimates that Sri<br />

Lanka’s current-account deficit will settle<br />

at 1.5 percent of GDP, the Government<br />

is following through on its reform<br />

programme and is in debt restructuring<br />

talks with external creditors. With the<br />

rupee and the country’s stock market<br />

responding well, it still needs the support<br />

of the IMF, neighbouring countries and<br />

investors. But with such support, Nikkei<br />

Asia reckons that it cannot ask for a<br />

better platform to generate sustainable<br />

and all-around economic growth.<br />

UK GOVERNMENT ‘SPENDS<br />

MONEY LIKE WATER’<br />

A report in Business Matters details<br />

what many would have expected if<br />

they thought about it – that the UK<br />

Government spends money like water.<br />

In this instance, the Government<br />

spent £46.2m during 2022-23 securing<br />

and implementing new trade deals with<br />

Australia and New Zealand, according<br />

to a recent parliamentary written<br />

question.<br />

Many have voiced concerns over the<br />

expected benefit from the Australian<br />

and New Zealand deals, with some<br />

Brexit critics contrasting the expected<br />

values of the deals to that which would<br />

be achieved by full access to the EU<br />

single market.<br />

The Government itself admitted the<br />

Australia deal was only expected to add<br />

just 0.02 percent – now uprated to 0.08<br />

percent – to the size of the UK economy<br />

over 15 years. It’s not earth shattering<br />

and possibly not great value.<br />

However, in its defence, the<br />

Department of Business and Trade<br />

said: ‘In 2022 we signed trade deals<br />

worth £1.1tn with some of the world’s<br />

biggest and fastest growing economies,<br />

which will boost our exports and cut<br />

costs for consumers. In the past year<br />

we have ratified our new trade deals<br />

with Australia and New Zealand, agreed<br />

membership of the hugely exciting<br />

CPTPP trade bloc in the Indo-Pacific,<br />

and progressed negotiations with India,<br />

the Gulf, Canada, Mexico, Israel and<br />

Switzerland.’<br />

New strategic partnership with Singapore<br />

THE prime minister, Rishi Sunak, has<br />

signed a new strategic partnership with<br />

Singapore ‘to grow the UK’s economy and<br />

enhance shared security.’ The partnership<br />

aims to cover new technologies that<br />

include cyber and AI and follows agreements<br />

with countries including France, Japan, and<br />

the US.<br />

It’s also intended to ‘set the direction of<br />

UK-Singapore relations for the next decade,<br />

upgrading the UK’s trade and investment<br />

relationship with one of Southeast Asia’s<br />

leading economies in recognition of our<br />

shared expertise and interests in areas like<br />

technology and clean energy.’<br />

The Government has said that Singapore is<br />

one of the UK’s “closest and most dynamic<br />

partners in the region,” with a £21bn trade<br />

relationship accounting for 40 percent of<br />

the UKs total trade with Southeast Asia.<br />

Brave | Curious | Resilient / www.cicm.com / <strong>November</strong> / PAGE 34


UK firms and their Chinese investments<br />

THE Institute of Export – and others to<br />

be fair – published a story noting that the<br />

Government has been surveying British<br />

businesses about their investments in China<br />

amid speculation that the UK could follow the<br />

US in imposing new restrictions.<br />

Early in August, President Joe Biden signed<br />

an executive order banning US investment in<br />

foreign countries of concern in technologies<br />

of importance to national security. The FT<br />

reported at the time that the prime minister<br />

was consulting with businesses to decide the<br />

UK’s response to this.<br />

The survey was conducted late July<br />

and was designed to build a collective<br />

understanding of investment in ‘sensitive<br />

sectors’ including robotics, advanced<br />

manufacturing, transport, energy, and<br />

Services strategy needed to support UK exports<br />

A report from the City of London has<br />

recommended that the UK introduce a<br />

financial and professional services strategy<br />

to boost its economic performance.<br />

Vision for Economic Growth – a roadmap<br />

to prosperity, advocates placing the services<br />

industry at the heart of the UK economy<br />

to be used as a means to escape the<br />

current ‘low-growth trap.’ Other important<br />

objectives documented include turning<br />

the UK into a digital first-economy, raising<br />

investment levels, making the UK a world<br />

leader in sustainable finance, and creating a<br />

knowledge hub to showcase investment and<br />

export opportunities.<br />

Financial services exports were worth<br />

£91bn to the UK economy in 2022, and<br />

TIME TO ADAPT<br />

THE Government has told exporters<br />

that they have longer to adopt a new<br />

software system. This is the second time<br />

that HMRC has postponed the deadline<br />

for exporters to use its new customs<br />

declaration service. The system had<br />

been due to replace its longstanding<br />

predecessor, called Chief, in March this<br />

year but further testing was required<br />

and HMRC pushed the deadline to 30<br />

<strong>November</strong>.<br />

HMRC said it had consulted industry<br />

and decided on a new phased approach<br />

with ‘selected high-volume' exporters<br />

starting to shift over from 30 <strong>November</strong><br />

and the rest by 31 March next year. Most<br />

importers migrated to use the software<br />

in 2022, although this process also took<br />

much longer than expected.<br />

The delay came as business groups<br />

including the BCC asked the Government<br />

to clarify other cross-border controls,<br />

which are said to leave UK exporters<br />

at a disadvantage to their EU-based<br />

competitors.<br />

communications. The Government said the<br />

survey was a first step and it sought to gauge<br />

UK investment in a range of other countries<br />

– as well as China – including Australia,<br />

Mexico, and the US.<br />

Of course, the Government has to balance<br />

trade with security, but this might be<br />

worrying for UK firms investing in what is<br />

the second largest economy in the world and<br />

one of the largest investors in the UK – could<br />

it lead to reprisals? At the same<br />

time, the UK Government won’t want to upset<br />

the US.<br />

The story follows a survey conducted by<br />

the British Chamber of Commerce in China<br />

in May where, a majority of respondents said<br />

they were adopting a wait and see approach<br />

to future business dealings with China.<br />

the report reckons that this could rise by<br />

an additional £24bn over six years if its<br />

recommendations were followed. The UK<br />

remains the second largest global exporter<br />

of services; it is an important part of the<br />

economy.<br />

As part of the financial and professional<br />

services strategy, the City of London’s<br />

report said that the Government should<br />

create a services council to help the sector<br />

grow by tracking and supporting the<br />

Government’s progress towards hitting the<br />

strategy’s goals. Further, a knowledge and<br />

support hub to promote UK services could<br />

have the additional benefit of encouraging<br />

more foreign direct investment, alongside<br />

increased services exports.<br />

RISING EXPORTS<br />

THE Office for National Statistics recently<br />

published UK trade data for July with<br />

some interesting numbers.<br />

In particular, the value of goods imports<br />

decreased by £200m (0.4 percent) in July<br />

<strong>2023</strong> with a fall in imports from the EU<br />

partially offset by a rise in imports from<br />

non-EU countries. This rise in imports<br />

from non-EU countries was mainly the<br />

result of increased fuel prices, particularly<br />

a slight rebound in gas prices after the<br />

large fall in June. However, the value of<br />

goods exports increased by £200m (0.8<br />

percent) because of a rise in exports to the<br />

EU, while exports to non-EU countries fell<br />

in July <strong>2023</strong>.<br />

The BCC, said of these numbers,<br />

‘removing the effects of inflation, goods<br />

export volumes grew at a decent pace in<br />

July, with a 4.4 percent month on month<br />

increase in sales to the EU. But a key<br />

concern is the continued slowdown in<br />

momentum in UK services exports growth<br />

– which accounts for just under half of our<br />

overseas trade.’<br />

NEW MOU WITH JAPAN<br />

UK Export Finance (UKEF) and Nippon<br />

Export and Investment Insurance<br />

(NEXI) have signed a Memorandum of<br />

Understanding (MoU) that sets out revised<br />

terms of cooperation which ‘support<br />

ambitions for sustainable development<br />

outlined in the Hiroshima Accord, G7<br />

Partnership for Global Infrastructure<br />

Investment (PGII) and UN Sustainable<br />

Development Goals.’<br />

With a focus on export credit policy<br />

and co-investment projects, ‘continued<br />

partnership between the two export<br />

credit agencies (ECAs) will support the<br />

international competitiveness of UK and<br />

Japanese businesses as they seek to access<br />

global trading opportunities.’<br />

The agreement seeks to guide future<br />

collaboration on projects around the<br />

world – especially in Africa and the Indo-<br />

Pacific – which it’s hoped will help UK<br />

and Japanese supply chains open doors<br />

for new opportunities. The Government’s<br />

release specifically mentions clean energy<br />

initiatives and sustainable projects in<br />

healthcare, water, education, and transport.<br />

The MoU follows on from UKEFs activity<br />

in Ukraine since 2021 where it has been<br />

backing the reconstruction of bridges<br />

around Kyiv and helping to ensure the<br />

country’s continuity of nuclear energy<br />

supplies.<br />

For the latest exchange rates visit<br />

www.currenciesdirect.com or call 020 7874 9400<br />

HIGH LOW TREND<br />

GBP/EUR 1.16294 1.14728 Down<br />

GBP/USD 1.24164 1.20556 Down<br />

GBP/CHF 1.12129 1.09243 Down<br />

GBP/AUD 1.93204 1.88697 Flat<br />

GBP/CAD 1.67639 1.63673 Down<br />

GBP/JPY 183.000 179.689 Down<br />

Currency Exchange Rates for the previous month:<br />

16th September to 16th October. This data was taken on<br />

17th October and refers to the month previous to/leading<br />

up to 16th October <strong>2023</strong>.<br />

Brave | Curious | Resilient / www.cicm.com /<strong>November</strong> / PAGE 35


COUNTRY FOCUS<br />

The Netherlands<br />

may be small but it<br />

punches above its<br />

weight.<br />

DUTCH<br />

COURAGE<br />

AUTHOR – Adam Bernstein<br />

IT doesn’t take a geographer to point<br />

out that the Netherlands is a very<br />

close neighbour of the UK.<br />

Indeed, with Germany to the<br />

east, Belgium to the south and<br />

the UK to west, it’s only 275 miles<br />

away – as the crow flies – from these<br />

shores. Flying takes less than an hour<br />

and it’s under seven hours from Harwich to<br />

the Hook of Holland by boat.<br />

Considering that, as the US Trade<br />

Department, commented in September 2022,<br />

the Netherlands is the 17th largest economy<br />

in the world and the fifth largest in the<br />

eurozone, with a gross domestic product<br />

of $1tn in 2021. it should be a natural target<br />

for any UK firm looking to grow their export<br />

market.<br />

But what is it to be Dutch?<br />

Officially known as the Kingdom of the<br />

Netherlands, its name quite literally means<br />

‘lower countries’ – a function of the fact that<br />

the country is predominately flat with only 50<br />

percent of the land mass exceeding one metre<br />

above sea level; 20 percent is below sea level.<br />

In terms of culture and heritage, the capital<br />

Amsterdam is known for its canal system,<br />

narrow houses, liberal view on soft drug sale<br />

in alcohol-free coffee shops (even though it is<br />

technically illegal to possess, sell or produce<br />

drugs), and a well-known red-light area.<br />

The Netherlands as a whole has been<br />

characterised by the widespread use of the<br />

bicycle (a function of the land being flat),<br />

world-class artists such as van Gogh and<br />

Vermeer, Heineken lager, and a population<br />

that is the tallest in the world (men are on<br />

average 6 feet tall while women are feet 7<br />

inches).<br />

Notably, the microscope, the telescope,<br />

pendulum clock and the mercury<br />

thermometer are all 16th or 17th century<br />

Dutch inventions. And the modern-day<br />

orange carrot wasn’t cultivated until Dutch<br />

growers in the late 16th century took mutant<br />

strains of the purple carrot and gradually<br />

developed them into the sweet, plump,<br />

orange variety we have today.<br />

In terms of history, Neanderthals roamed<br />

the area 250,000 years ago and Celtic and<br />

German tribes used the rivers, lakes, wetlands,<br />

and woods for security; only the south was<br />

conquered by the Romans in the 1st century<br />

BC with an outpost in today’s Nijmegen.<br />

Germanic tribes took over from a weak<br />

Roman state and by 800AD the Netherlands<br />

was part of the empire of Charlemagne.<br />

Post-Charlemagne, the area divided into<br />

smaller states and come the Middle Ages the<br />

Netherlands became one of the richest areas<br />

in Europe – all based on agriculture, crafts<br />

and international trade.<br />

Local powers such as the Habsburgs sought<br />

to dominate the Netherlands and it was<br />

gifted to the king of Spain in 1555. The Dutch<br />

resisted, which led to an 80 years’ war and<br />

rising nationalism. The Union of Utrecht in<br />

1581 proclaimed independence and in 1648<br />

the sovereignty of a republic was recognised<br />

by the Spanish.<br />

By the mid-17th century, the republic<br />

was a huge maritime power and financial<br />

centre. By the 18th and 19th centuries the<br />

Netherlands entered a period of decline as<br />

other empires – France, Austria, and Russia –<br />

rose. A monarchy came into being at the end<br />

of the 18th century which then included what<br />

is now Belgium and Luxembourg. The former<br />

won independence in 1830 and the latter in<br />

1890.<br />

Demographics<br />

According to Statista, there are – in <strong>2023</strong><br />

– some 17.81m people in a country that<br />

occupies just 41,543 sq. km (excluding its<br />

territory in the Caribbean). It is markedly<br />

smaller than the UK’s 242,495 sq.km. With<br />

such a large population in such a small area<br />

it is noticeably densely populated with 424<br />

people per sq. km. In fact, it’s the world’<br />

20th most densely populated country. In<br />

comparison, the UK is 34th with ‘just’ 277<br />

people per sq. km. (July <strong>2023</strong> data from the<br />

United Nations World Population Prospects).<br />

In terms of age, Statistics Netherlands<br />

published data in 2022 that noted that the<br />

average age of the Dutch population is 42.4.<br />

Netherlands<br />

Brave | Curious | Resilient / www.cicm.com / <strong>November</strong> / PAGE 36


COUNTRY FOCUS<br />

AUTHOR – Adam Bernstein<br />

That average was 33.2 in 1975, and 30.8<br />

in 1950. The difference can mainly be<br />

accounted for by an increase in the<br />

number of elderly people and a fall in<br />

the number people under the age of 20.<br />

A large section of the population consists<br />

of those born between 1946 and 1970, the<br />

children of the post-war baby boom. At<br />

the beginning of 2022, they were between<br />

52 and 76 years old.<br />

As of 2022, 21 percent of the population<br />

was under 20, 26 percent between 20<br />

and 40, 33 percent between 40 and 65, 15<br />

percent between 65 and 80, and just five<br />

percent were 80 or over. The population<br />

pyramid indicates that the sexes are<br />

almost evenly split.<br />

Statistics Netherlands also records that<br />

at the beginning of <strong>2023</strong>, there were 8.3m<br />

private households in the Netherlands,<br />

3.3m of which were single-person. The<br />

average Dutch household consists of 2.12<br />

people compared to 3.52 in 1963.<br />

The Netherlands as a whole has been<br />

characterised by the widespread use of<br />

the bicycle (a function of the land being<br />

flat), world-class artists such as Van<br />

Gogh and Vermeer and Heineken lager.<br />

Brave | Curious | Resilient / www.cicm.com / <strong>November</strong> / PAGE 37<br />

Using World Bank data, Trading<br />

Economics states that the country has<br />

become, over the last 10 years, more<br />

urbanised. In 2012 just under 88 percent<br />

lived in an urban area, but by 2022, that<br />

number was nearer 93 percent.<br />

July <strong>2023</strong> data shows that there are 20<br />

large municipalities in the country with<br />

Amsterdam being the largest (905,234<br />

population), followed by Rotterdam<br />

(656,050), The Hague (552,995), Utrecht<br />

(361,924), and Eindhoven (238,478).<br />

With such a level of urbanisation<br />

and rapidly growing cities, there’s real<br />

pressure on the real estate market, where<br />

average rent and housing prices have<br />

skyrocketed. Politically speaking, Dutch<br />

policymaking is consensual – trade<br />

unions and employers are consulted in<br />

financial, economic, and social matters.<br />

A tradition of tolerance is all pervading.<br />

The economy<br />

As noted earlier, the Netherlands economy<br />

is large given its relative population size<br />

and landmass.<br />

From an EU perspective, the economy<br />

continues to expand, despite very<br />

high inflation. Consumer spending<br />

has been resilient thanks to strong<br />

employment growth and an extensive<br />

support package put in place by the<br />

authorities in 2022.<br />

But inflation is falling. Statistics<br />

Netherlands reckons that it stood at 5.7<br />

percent in June and fell to 4.6 percent in<br />

July. Overall, inflation in <strong>2023</strong> should end<br />

up at 4.9 percent and is estimated to read<br />

3.3 percent (EU data) in 2024.<br />

Looking at GDP growth over the last 60<br />

years it’s been a tale of peaks and troughs.<br />

One thing that is very apparent from<br />

the data published by the World Bank is<br />

that the peaks seen decades ago have not<br />

been repeated in the last 25 years. In fact,<br />

taking a ruler to the chart the trend is for<br />

lower rates of growth. Growth in 2021 was<br />

4.9 percent while it stood at 4.5 percent in<br />

2022. <strong>2023</strong> is estimated – by the EU – to<br />

sit around 1.8 percent before falling to 1.2<br />

percent next year.<br />

In terms of GDP, in US dollars, the<br />

Dutch economy is, according to the World<br />

Bank, not that much larger than it was<br />

in 2008 when it reached $951.87bn as<br />

2022 ended up reporting $991.11bn. To<br />

be fair, the Covid pandemic did little for<br />

the prospects of many countries. By way<br />

of comparison, the UK’s GDP for 2022<br />

equated to $3.07tn, lower than it was<br />

in 2007 when it was worth $3.09tn. And<br />

on unemployment, 2022 saw it sit as 3.5<br />

percent which is well down on 7.4 percent<br />

seen in 2014. As a comparator, it was 7.3<br />

percent in 1991 and 7.2 percent in 1994-5.<br />

continues on page 22 >


COUNTRY FOCUS<br />

AUTHOR – Adam Bernstein<br />

Life sciences<br />

According to investinholland.com, the<br />

country invests approximately €2bn<br />

in R&D in life sciences annually. As a<br />

result, the Dutch currently rank fourth<br />

worldwide in patent applications for<br />

medtech, sixth for biotechnology patents,<br />

and eighth for pharmaceutical patents.<br />

In number, there are more than<br />

3,000 R&D life sciences companies, 420<br />

biopharmaceutical companies, 65,000<br />

employees in pharmaceuticals in a €4.7bn<br />

medtech market. On top of that are 26<br />

campuses, seven university medical<br />

centres, and 13 universities engaged in<br />

research.<br />

KPMG noted, in 2019, that life sciences<br />

was the ninth largest sector in the<br />

economy worth €6bn and 0.7 percent<br />

of GDP. However, it also reported that<br />

HollandBio, the country’s biotech industry<br />

association, established a blueprint,<br />

which by 2030 is aiming for more than<br />

1,200 companies and 60,000 workers, with<br />

350 clinical products in the pipeline and<br />

30 high-quality products in the market.<br />

While the sector coverage in each report<br />

differs, the point still stands.<br />

Agrifood<br />

Food is big business in the Netherlands<br />

and the Washington Post had the country<br />

down, in <strong>November</strong> 2021, as the second<br />

largest exporter of agricultural products<br />

in the world, second only to the US. Some<br />

say production levels are a result of their<br />

World War Two experiences, but whatever<br />

the driver, the Netherlands produces<br />

4m cows, 13m pigs and 104m chickens<br />

annually and is Europe’s biggest meat<br />

exporter. Vegetables are grown en masse<br />

with nearly 24,000 acres of crops growing<br />

in greenhouses using less fertilizer and<br />

water than farms elsewhere. Overall, more<br />

than half of the land in the Netherlands is<br />

used for agriculture.<br />

Investinholland notes that fifteen out<br />

of the top 20 biggest agrifood companies<br />

have major production or R&D sites in<br />

the Netherlands. Presumably because<br />

there are 244m consumers within a<br />

1000km radius. The Netherlands is strong<br />

in alternative protein and is seeking to<br />

become a global leader in sustainable<br />

agriculture by 2030; digitisation is a key<br />

part of this drive.<br />

Information Technology<br />

ICT is a sector that shouldn’t be overlooked.<br />

The US Trade Department commented in<br />

September 2022, that for a relatively small<br />

country, the Netherlands has a strong ICT<br />

sector. ‘In the fourth quarter of 2020, the<br />

Dutch ICT sector consisted of more than<br />

Statistics Netherlands also records<br />

that at the beginning of <strong>2023</strong>, there<br />

were 8.3m private households in the<br />

Netherlands, 3.3m of which were<br />

single-person.<br />

82,000 companies… [which] accounted for<br />

4.3 percent of the total number of Dutch<br />

companies…’<br />

Almost 93 percent of the companies in<br />

the industry are ICT service providers.<br />

Total expenditure on ICT goods by<br />

companies, governments, and households<br />

amounted to $20.7 bn in 2019 while<br />

spending on ICT services stood at $48bn.<br />

98 percent of households have broadband<br />

and multinationals such as IBM,<br />

Microsoft, Google, NTT, and Oracle have<br />

their European headquarters, customer<br />

service centres, and R&D facilities there.<br />

The sector majors on cyber security<br />

which is why NATO and Europol have<br />

operations in the Netherlands. Games,<br />

medtech and eHealth are also developed<br />

too which isn’t surprising given the<br />

government’s Dutch Digitalization Strategy<br />

which seeks to accelerate digitalisation<br />

in sectors such as healthcare, mobility<br />

energy and agrifood, while pushing<br />

digitalisation in cybersecurity, privacy,<br />

and digital skills.<br />

Allied to the push for digitalisation,<br />

are the creative industries. Amsterdam<br />

and Hilversum are centres for media and<br />

entertainment companies such as Netflix,<br />

Discovery and Disney. Further, the<br />

country is the third-largest exporter of TV<br />

formats – The Voice and Big Brother, for<br />

example, emanate from the Netherlands.<br />

High-tech<br />

Another area noted by Investinholland<br />

is the high-tech sector. It wrote that<br />

‘businesses investing in the Dutch<br />

high tech industry benefit from strong<br />

government support, low business<br />

costs and world-class tech clusters. The<br />

Netherlands invests over €2bn in R&D<br />

every year… The country’s 400,000 high<br />

tech specialists generate over €30bn of<br />

added value per year.’<br />

Technologists in the country invented<br />

the Variomatic gearbox, Bluetooth, and<br />

Wi-Fi. They’re now leading the vanguard<br />

leading the way on artificial intelligence<br />

and robotics with hubs centred in<br />

Amsterdam, Delft, Eindhoven, Enschede<br />

and Wageningen.<br />

The sector features more than 1,700<br />

firms from large manufacturers to<br />

smaller technology innovators and it has<br />

caught the attention of the New Zealand<br />

Ministry of Foreign Affairs & Trade. It<br />

detailed, in a 2021 overview of the sector,<br />

that it accounts for €139bn in production<br />

and €49bn in exports annually.<br />

Brave | Curious | Resilient / www.cicm.com / <strong>November</strong> / PAGE 38


COUNTRY FOCUS<br />

AUTHOR – Adam Bernstein<br />

With an eye to future energy needs,<br />

confirming its hydrogen ambitions, the<br />

Dutch government has allocated €500m<br />

to stimulate €1.25bn of investments<br />

in hydrogen projects. There are also<br />

facilities developing battery technologies.<br />

Numerous multinationals are based in the<br />

country, including Philips, Bosch, Boeing,<br />

ASML and Fujifilm.<br />

As the New Zealand Government<br />

stated, ‘the sector has been identified<br />

by the Dutch government as key to the<br />

future of the economy. Accordingly, the<br />

Government has been investing heavily in<br />

providing an environment in which such<br />

companies can thrive.’<br />

Chemicals<br />

Another sector worthy of consideration<br />

is the chemicals sector. As the Royal<br />

Association of the Dutch Chemical<br />

Industry (VNCI) outlined, ‘the Netherlands<br />

is the fourth largest chemical producer in<br />

Europe and tenth worldwide. It provides<br />

work for 45,000 people, distributed<br />

among more than 390 companies. With<br />

the exception of the food, beverages and<br />

tobacco industry, the chemical industry<br />

is the largest business sector in the<br />

Netherlands.’ Investinholland gives more<br />

detail, noting that many corporates are<br />

based in the Netherlands including Royal<br />

Shell, DOW, SABIC, Avantium, Covestro,<br />

DSM and Teijin, because of the greater<br />

Antwerp-Rotterdam-Rhein-Ruhr Area<br />

(ARRRA), one of the top five chemical<br />

clusters in the world with 30-40 percent of<br />

the chemical turnover in Europe. Within<br />

the Netherlands itself, there are five<br />

clusters - Rotterdam-Moerdijk, Chemelot,<br />

Noord-Nederland, Zeeland/West-Brabant<br />

and Noordzeekanaalgebied.<br />

Overall, 19 out of the 25 major chemical<br />

companies in the world sited in the<br />

country. And Reportlinker reckons that<br />

the Netherlands is set to become the<br />

fourth-largest chemicals manufacturing<br />

producer in Europe by 2026. Revenue is<br />

expected to reach €48bn, up 0.7 percent<br />

year on year. This follows an average<br />

yearly growth rate of 1.8 percent since<br />

2000. Interestingly, VNCI said ‘sector<br />

turnover was €87bn’ but that was an<br />

undated figure and so it hard to verify.<br />

Tax<br />

The standard Corporate Income Tax rate<br />

is 25.8 percent. There are two taxable<br />

income brackets. A lower rate of 19<br />

percent which applies to the first income<br />

bracket of €200,000. The standard rate<br />

applies to anything above this sum.<br />

Non-resident entities only have a limited<br />

tax liability with regard to income from<br />

Dutch sources.<br />

Personal<br />

In the Netherlands, worldwide income<br />

is divided into three different types<br />

of taxable income, and each is taxed<br />

separately under its own schedule,<br />

referred to as a 'box'. Each box has its own<br />

tax rate(s). It follows that taxable income<br />

is based on the total of these three boxes.<br />

Box 1 refers to taxable income from<br />

work and home ownership, and includes<br />

employment income, home ownership of<br />

a principal residence, periodic receipts<br />

and payments, and benefits relating to<br />

income provisions.<br />

Box 2 refers to taxable income from a<br />

substantial interest and Box 3 applies<br />

to taxable income from savings and<br />

investment.<br />

In terms of Box 1, for those<br />

below retirement age, between €0 and<br />

€73,031, the tax rate is effectively 36.93<br />

percent. Above that level, the rate is 49.50<br />

percent. There are two sets of lower rates<br />

for those who are retired depending on<br />

whether they were born before or after<br />

1946.<br />

For box 2, the rate is 26.90 percent. And<br />

for box 3, the rate is 32 percent.<br />

VAT<br />

VAT, known as the Belasting over de<br />

Toegevoegde Waarde or BTW, is payable<br />

on the supply of goods and services<br />

rendered in the Netherlands as well as<br />

on the importation of goods and on the<br />

‘intra-European’ acquisition of goods.<br />

There are three VAT rates, which are 21<br />

percent, nine percent, and zero percent.<br />

The standard VAT rate is 21 percent. But<br />

a reduced nine percent VAT rate applies<br />

to certain prime necessities, on certain<br />

energy-saving insulation activities on<br />

houses, and on certain e-publications.<br />

The zero percent VAT rate is applicable<br />

mainly to intra-EU supplies, supplies of<br />

goods exported outside the European<br />

Union, supplies of goods placed in<br />

bonded warehouses, services rendered in<br />

connection with the above, and certain<br />

international services.<br />

Certain domestic transactions are<br />

exempt from VAT. This includes the supply<br />

of immovable property two years after<br />

putting it into use and lease; medical,<br />

cultural, social, and educational services;<br />

some services provided by banks and<br />

other financial institutions; insurance;<br />

and some transactions in shares by<br />

controlling active parent companies and<br />

transactions by commercial share dealers.<br />

In summary<br />

‘Small but potent’ is a good way to<br />

summarise the Netherlands. To capture<br />

the essence of the country as being little<br />

more than Van der Valk, beer, weed and<br />

beer would be to do the country a huge<br />

disservice and would be very negligent.<br />

It’s on the doorstep of the UK and<br />

notwithstanding Brexit, is a market that<br />

should not be ignored.<br />

Adam Bernstein is a freelance<br />

finance writer for CM magazine.<br />

Brave | Curious | Resilient / www.cicm.com / <strong>November</strong> / PAGE 39


LEGAL MATTERS<br />

SAFETY IN NUMBERS<br />

Group actions will continue to grow in the UK.<br />

But there are concerns.<br />

AUTHOR – Ellie Pinnells<br />

IMPROVEMENTS in technology<br />

and access to flexible funding<br />

arrangements are making group<br />

actions more popular routes to<br />

justice for UK consumers and<br />

corporates alike. Indeed, bringing<br />

a claim as part of a group with the same<br />

cause of action is gaining popularity in<br />

the UK.<br />

Often confused with US ‘class action’<br />

law suits, where very large claims are<br />

commoditised and claimants ultimately<br />

walk away with very small amounts of<br />

compensation, the UK is developing<br />

its own approach to group claims that<br />

deliver meaningful outcomes for<br />

claimants.<br />

Until recently, UK group claims over<br />

issues such as equal pay were dealt<br />

with on paper by large teams of lawyers<br />

and assistants. This meant claims were<br />

expensive to run and cumbersome to<br />

manage, and while many succeeded in<br />

obtaining justice for claimants, not many<br />

law firms were prepared or set up to<br />

pursue these types of actions.<br />

However, as more sophisticated<br />

technology and funding models have<br />

become available, group claims have<br />

become easier to handle, less costly to run<br />

and are consequently more attractive to<br />

law firms, clients and funders.<br />

Viable group action<br />

Group action claims work best where<br />

everyone has exactly the same cause of<br />

action; and what is being litigated is a<br />

legal point, rather than a factual point.<br />

In these cases, a lawyer can issue all the<br />

claims together and conduct collective<br />

case management. As the cost of the<br />

litigation decreases, the compensation<br />

left over for claimants increases.<br />

Equal pay claims by groups of workers<br />

against large employers like major<br />

retailers and local authorities lend<br />

themselves particularly well to this type of<br />

litigation and there are currently several<br />

underway against the likes of Morrisons,<br />

Boots, the Co-op, Tesco, Sainsbury's and<br />

Asda.<br />

Increasingly, the model is also becoming<br />

attractive to UK corporate clients,<br />

such as groups of small-to-medium sized<br />

businesses (SMEs) who have legitimate<br />

claims but lack the financial resources or<br />

standing to pursue them on their own.<br />

Growing areas of group litigation<br />

in the UK are:<br />

• Securities claims by individual<br />

shareholders or institutional investors<br />

who have lost money on their<br />

investments (due to a breach by a broker,<br />

platform or financial provider).<br />

• Competition follow-on damages claims,<br />

by both individuals or companies, such<br />

as SMEs that purchased vehicles from<br />

the Daimler, Volvo, Iveco, MAN and DAF<br />

trucks cartel between 1997 and 2011.<br />

• Claims following a change in tax and<br />

pension legislation, or interpretations<br />

of that legislation (such as the £1.6bn<br />

Eclipse film finance scheme dispute<br />

with HMRC).<br />

• Business interruption insurance claims<br />

against insurers or brokers, for example<br />

childcare providers who were not offered<br />

an appropriate policy by their broker.<br />

Counting the cost<br />

Litigation can quickly become disproportionately<br />

expensive, a fact that in many<br />

instances limits access to justice for those<br />

without deep pockets.<br />

Most individuals and SMEs who have<br />

valid claims for compensation simply do<br />

not have the financial resources to pursue<br />

their claims in the courts. But those that<br />

do have the resources often conclude that<br />

even if they win their case, they will be<br />

financially worse or scarcely better off as<br />

a result of bringing the claim. By joining<br />

a group action, however, claimants can<br />

collectively instruct a single legal team to<br />

pursue a large amount of compensation<br />

on behalf of all members of the group, or<br />

‘class’.<br />

If the claim is successful, claimants<br />

each receive a worthwhile share of the<br />

compensation and the law firm is able to<br />

recoup its fees from the same pot.<br />

Such claims are mostly run on a nowin,<br />

no-fee basis, although other types<br />

of funding and damages arrangements<br />

are emerging to suit different types of<br />

claimants.<br />

Traditional routes for group<br />

litigation:<br />

There are a number of ways of handling<br />

group claims. Historically, one of the most<br />

popular routes in the High Court has been<br />

via Group Litigation Orders (GLOs).<br />

Sometimes GLOs are the ideal<br />

mechanism for pursuing a group claim,<br />

but they do not work for all kinds of claims.<br />

In particular, GLOs can be very narrow in<br />

focus and do not allow for wider groups<br />

of claimants with broadly similar issues.<br />

Cut-off dates can also be problematic for<br />

claimants.<br />

Claimants that do not meet the criteria<br />

for a GLO can still issue a separate claim,<br />

but this loses the overall economy of scale<br />

of running a group litigation.<br />

Representative claims<br />

Another form of collective action in<br />

English procedure which has been<br />

in use for some years is known as a<br />

‘representative claim’, or ‘representative<br />

action’.<br />

These claimants work on the principle<br />

that one claimant can represent other<br />

parties with an identical interest.<br />

However, representative claims are not<br />

available where each in the group of<br />

claimants requires different remedies or<br />

have materially different fact patterns<br />

that form the basis of their claims.<br />

GLOs, with defined common ‘GLO<br />

issues’ are therefore the generally<br />

preferred options for collective actions<br />

in England and Wales, particularly for<br />

securities claims.<br />

As group litigation continues to grow,<br />

the courts are likely to review both the<br />

GLO and representative claim regimes<br />

and work with legislators to reflect the<br />

need for greater flexibility in the rules.<br />

CAT claims<br />

The UK Consumer Rights Act 2015 (CRA),<br />

which came into force on 1 October 2015,<br />

was tipped to fundamentally transform<br />

the cartel claims environment in the UK.<br />

Schedule 8 of the CRA created a<br />

new collective proceedings regime for<br />

damages claims before the Competition<br />

Appeals Tribunal.<br />

While claims under the CRA are still in<br />

the relatively early stages, the likelihood<br />

is that both these types of claims and the<br />

courts will evolve with the needs of the<br />

consumer and case law will determine<br />

what types of claims the CRA serves best.<br />

What mechanism will work best for a<br />

particular claim will depend on what the<br />

claim is, how it has been set up and what<br />

the claim is about.<br />

Brave | Curious | Resilient / www.cicm.com / <strong>November</strong> / PAGE 40


LEGAL MATTTERS<br />

AUTHOR – Ellie Pinnells<br />

Changing the game<br />

Perhaps the most welcome innovation<br />

in group litigation is the development of<br />

sophisticated, flexible technologies to<br />

handle claims.<br />

The best systems are developed by<br />

litigators themselves, who map out how<br />

the claim needs to function and then<br />

work with programmers to deliver that<br />

functionality – along with the ability to<br />

tweak the system as they go along.<br />

They also need to balance efficient<br />

automation with appropriate quality<br />

control mechanisms and leave room for<br />

lawyers to make decisions that cannot or<br />

should not be automated.<br />

The use of artificial intelligence and<br />

machine learning are interesting elements<br />

of this new approach to litigation that<br />

could further change the way claims are<br />

managed.<br />

It is important that claimants<br />

understand at the outset how the case<br />

will be handled, what level of interaction<br />

they will have with the legal team and<br />

how information and decisions will be<br />

communicated to them.<br />

The interaction between the legal team,<br />

the claims management platform and the<br />

individual claimants varies from case to<br />

case. Small groups of claimants may still<br />

be consulted individually, while larger<br />

groups might elect a steering committee<br />

and even bigger groups might implement<br />

a voting system.<br />

However, the size of many groups<br />

involved in litigation often means<br />

frequent, personal interaction with<br />

claimants is not possible for lawyers<br />

and so having good technology that can<br />

handle information and create a two-way<br />

channel of communication is essential.<br />

Such systems also lower costs, improve<br />

accuracy and allow law firms to take on<br />

cases they would not have been able to<br />

accept in other circumstances, while<br />

maintaining good client care.<br />

Funding the litigation<br />

There are many ways of funding group<br />

litigation cases.<br />

Most claims are run on a no-win, no-fee<br />

basis, are very large and can take several<br />

years to reach a conclusion. During that<br />

time, somebody has to bear a significant<br />

risk and cash outlay.<br />

Some firms take on this burden<br />

themselves. Personal injury and medical<br />

negligence claims, for instance, are<br />

generally financed by the law firm that<br />

undertakes the case on a conditional fee<br />

arrangement (CFA).<br />

Law firms are traditionally fairly risk<br />

averse. Smaller firms often do not have<br />

sufficient cash flow to defer their income<br />

for many years. Larger, commercial law<br />

firms tend to have high overheads, which<br />

means the claim has to be of considerable<br />

value to deliver a satisfactory outcome for<br />

both the claimant and the firm.<br />

The emergence of specialist litigation<br />

funders, set up specifically to finance<br />

group actions and make a profit from any<br />

damages awarded, has solved the risk and<br />

cash flow issue to an extent.<br />

While there are plenty of benefits to<br />

using funders, the types of cases they take<br />

on are limited. They need the claims to be<br />

valuable enough to allow them to get their<br />

return on investment and then still have<br />

enough to pass on claimants.<br />

This has led to the creation of novel<br />

funding models that are reshaping the<br />

way group litigation cases are financed.<br />

For example, since 2013, Fieldfisher has<br />

offered a service called FeeSolve, which<br />

gives the firm flexibility to take on cases<br />

that would not be attractive to a thirdparty<br />

funder.<br />

FeeSolve is designed to give clients both<br />

choice and certainty in relation to costs<br />

and reduce the financial risks of bringing<br />

a claim, by offering a variety of alternative<br />

funding arrangements.<br />

Mastercard and Visa – a potentially huge claim<br />

Back in February (<strong>2023</strong>), Harcus Parker,<br />

a commercial law firm, lodged a claim<br />

at the Competition Appeal Tribunal<br />

(CAT) alleging that Mastercard and<br />

Visa had overcharged businesses for<br />

‘multilateral interchange fees’ (MIFs)<br />

which are paid by businesses to their<br />

banks to accept payment by credit<br />

or debit card. MIFs are estimated to<br />

comprise as much as 90 percent of the<br />

cost of a typical company's monthly<br />

bank charge.<br />

The case was a potential consumer<br />

class action brought on behalf of<br />

over 46m consumers seeking claimed<br />

damages in excess of £14bn.<br />

However, in June the CAT declined<br />

to grant the collective proceeding<br />

applications brought against both<br />

Mastercard and Visa.<br />

The claims fell in to two categories.<br />

The first involved opt-out proceedings<br />

where a lead claimant fights a claim<br />

representing a category but no-one<br />

else is required to sign-up. If the lead<br />

claimant wins, everybody who meets<br />

the criteria of the claim is entitled to<br />

compensation. The second related to<br />

opt-in proceedings where potential<br />

claimants need to actively give their<br />

permission to take part. If the lead<br />

claimant wins, everybody who signed<br />

up is entitled to compensation.<br />

The CAT found that there were issues<br />

for both categories of claims relating to<br />

the identification of the potential class<br />

members. The CAT also found that the<br />

Proposed Class Representatives (PCRs),<br />

special purpose vehicles established<br />

to pursue the claims, had failed to<br />

advance appropriate methodology as<br />

required by case law in order for the<br />

proceedings to be heard on a collective<br />

basis.<br />

The lack of an appropriate<br />

methodology extended to questions of<br />

infringement, causation, and value of<br />

the damages.<br />

However, the CAT did grant the<br />

PCRs eight weeks to notify it whether<br />

they intended to present revised<br />

applications to address the concerns<br />

expressed by the tribunal.<br />

Understandably, funders and<br />

competition claimant lawyers will be<br />

considering this judgment to assess<br />

what it means for other claims and<br />

how they might be funded.<br />

The FeeSolve portfolio includes:<br />

• Damages Based Agreements<br />

• Conditional Fee Arrangements<br />

• Third Party Funding<br />

• Insurance for Before and After the Event.<br />

Future direction<br />

Group actions will continue to grow<br />

in the UK. While there are legitimate<br />

concerns about abuse of the system by<br />

unscrupulous actors, in general these<br />

group actions are a good thing because<br />

they allow access to justice, particularly<br />

for individuals and small businesses<br />

that have fewer legal options than larger<br />

companies. Specialist tribunals and civil<br />

courts will likely look to put more formal<br />

routes in place to handle group litigation<br />

cases, which will help further refine case<br />

management procedures.<br />

Above all, it is important that group<br />

actions are used to serve the interests<br />

of claimants. Such claims have to work<br />

commercially for law firms, but they<br />

should also offer a good chance of a<br />

meaningful outcome for the client.<br />

Ellie Pinnells is a dispute resolution partner<br />

and group litigation specialist at Fieldfisher<br />

Birmingham.<br />

Brave | Curious | Resilient / www.cicm.com / <strong>November</strong> / PAGE 41


CICM TRAINING<br />

Training courses that offer high-quality approaches<br />

to credit-related topics and practical skills<br />

Now, more than ever, the <strong>Credit</strong> <strong>Management</strong> and Collections industry<br />

is seeing drastic changes and impacts that affect the day-to-day roles of<br />

<strong>Credit</strong> and Collections teams.<br />

CICM Training offers high-quality approaches to credit-related topics.<br />

Granting you the practical skills and necessary tools to use in your<br />

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Brave | Curious | Resilient / www.cicm.com / <strong>November</strong> / PAGE 42


On-Demand | Online | Face-to-Face<br />

METHODS OF DELIVERY<br />

CICM Training courses can be delivered through a variety<br />

of options, ensuring a range of opportunities for your<br />

teams to be trained on the most up-to-date methods in<br />

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CICM Online<br />

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CICM Face-to-Face<br />

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On-Demand training can be viewed anytime, anywhere with our downloadable<br />

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Online training will be for those who find it easy to learn from the space<br />

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Face-to-face training It’s been a long time coming but now you can mingle and<br />

learn together in the same room as your colleagues and peers.<br />

TRAINING COURSES<br />

CICM have a collection of training courses to meet the needs of your <strong>Credit</strong> and<br />

Collections’ teams. Take a look at the courses below and start training towards<br />

the CICM Professional Standard.<br />

Advanced Skills in Collections • Best Practice Approach to Collections<br />

Best Practice Skills to Assess <strong>Credit</strong> Risk • Collect that Cash • <strong>Credit</strong> Bootcamp<br />

Effective Communication in the <strong>Credit</strong> Role • Emergency Guide to <strong>Credit</strong><br />

Harness your leadership Style • Know Your Customer • Managing Insolvency<br />

Reflect and Develop • Set Targets that Work<br />

For more details, visit our website, scan the<br />

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Brave | Curious | Resilient / www.cicm.com / <strong>November</strong> / PAGE 43


Introducing our<br />

CORPORATE PARTNERS<br />

For further information and to discuss the opportunities of entering into a<br />

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Brave | Curious | Resilient / www.cicm.com / <strong>November</strong> <strong>2023</strong> / PAGE 44


Each of our Corporate Partners is carefully selected for<br />

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We are delighted to showcase them here.<br />

They're waiting to talk to you...<br />

Hays <strong>Credit</strong> <strong>Management</strong> is a national specialist<br />

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E: infoemea@highradius.com<br />

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FIS GETPAID solution is a fully integrated, webbased<br />

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Key IVR provide a suite of products to assist companies<br />

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The UK’s No1 Insolvency Score, available as a<br />

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E: sales@redflagalert.com<br />

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Brave | Curious | Resilient / www.cicm.com / <strong>November</strong> <strong>2023</strong> / PAGE 45


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PAYMENT TRENDS<br />

Troubled waters<br />

Late payments are on the up across<br />

UK regions and sectors.<br />

AUTHOR – Rob Howard<br />

FTER signs of real<br />

improvement and progress<br />

across the board,<br />

the latest late payment<br />

A.<br />

statistics show one or<br />

two snags, particularly<br />

across UK regions and sectors. However,<br />

on a more positive note, the outlook in<br />

Ireland is rosier. The average DBT across<br />

UK regions and sectors increased by 2.6<br />

and 3.6 days respectively. Over in Ireland,<br />

the average DBT figure dropped<br />

by 4.5 and 0.8 days respectively. Average<br />

DBT across the four provinces of Ireland<br />

increased by 1.4 days.<br />

Sector Spotlight<br />

The UK sector standings do not make for<br />

pleasant reading, with 18 of the 22 sectors<br />

in the red and moving in the wrong<br />

direction. And while a number of these<br />

increases to late payments are minimal<br />

– Agriculture, Forestry and Fishing<br />

(+0.1 days), Entertainment (+0.8 days),<br />

Transportation and Storage (+1.1 days) –<br />

for others, there is cause for real concern.<br />

The Financial and Services sector, for<br />

example, saw the biggest increase to its<br />

late payments. A significant rise of 32.0<br />

days takes its overall DBT to 43.0 days,<br />

meaning it is now the worst performing<br />

sector across the UK by some distance.<br />

The picture across Irish sectors is a<br />

little more blurred. Just under half (eight)<br />

of the 20 sectors saw no change at all to<br />

their DBT, seven sectors are on the up<br />

and five are going backwards. Of those,<br />

no sector saw a bigger increase to its<br />

DBT than the Real Estate sector. A hefty<br />

hike of 82.5 days means its overall DBT<br />

now stands at 94.0 days, far and away<br />

the worst performing sector in Ireland.<br />

However, focusing on the positives, The<br />

Business Admin & Support (-30.0 days),<br />

Health & Social (-20.9 days) and Water<br />

and Waste (-20.0 days) all made positive<br />

strides to reduce their overall DBT.<br />

Regional Spotlight<br />

Last month’s regional standings across<br />

the UK showed a clean sweep of<br />

improvements. The latest figures are all<br />

one-way-traffic again, but sadly it’s in the<br />

wrong direction, with all 11 UK regions<br />

seeing increases to DBT. The North<br />

West saw the biggest increase, a rise of<br />

6.8 days taking its overall DBT to 16.5<br />

days, meaning it is now the worst<br />

performing region. Elsewhere, the South<br />

East (+4.6 days), East Midlands (+3.2<br />

days), East Anglia (+2.8 days) and Wales<br />

(+2.8 days) also slide down the regional<br />

rankings.<br />

Over in Ireland, as with the sector<br />

spotlight, it’s mainly a case standstill,<br />

with 20 of the 26 Irish counties seeing<br />

no change to DBT, although half of these<br />

have an overall DBT of zero days. Galway<br />

is the only region that saw a positive<br />

change to its late payments, a reduction<br />

of 10.7 days taking its overall DBT to 1.3<br />

days. The remaining five regions are<br />

going the opposite way, with Cork (+20.0<br />

days) and Meath (+10.8 days) seeing the<br />

biggest rises.<br />

Across the four Irish provinces, three<br />

saw increases to DBT. Munster saw the<br />

biggest rise (+10.7 days) and is now the<br />

worst performing province with an<br />

overall DBT of 20.0 days. Leinster saw<br />

an increase of 7.1 days taking its overall<br />

terms to 9.3 days, and Connacht’s DBT<br />

rose by 3.0 days to 6.7 days overall. Ulster,<br />

however, is on the up, reducing its DBT<br />

by 15.2 days, taking its overall DBT to 2.8<br />

days and subsequently moving to the top<br />

of the provincial standings.<br />

Brave | Curious | Resilient / www.cicm.com / <strong>November</strong> / PAGE 47


STATISTICS<br />

Data supplied by the <strong>Credit</strong>safe Group<br />

Top Five Prompter Payers<br />

Region September 23 Change from August 23<br />

South West 8.6 1.9<br />

Northern Ireland 10.1 0.2<br />

West Midlands 10.3 2.1<br />

East Anglia 11.3 2.8<br />

East Midlands 12 3.2<br />

Bottom Five Poorest Payers<br />

Region September 23 Change from August 23<br />

North West 16.5 6.8<br />

London 14 0.5<br />

Scotland 13 1.4<br />

Yorkshire and Humberside 12.9 2.6<br />

Wales 12.4 2.8<br />

Top Five Prompter Payers<br />

Sector September 23 Change from August 23<br />

Energy Supply 5.8 1.9<br />

Business from Home 6.3 -4.1<br />

Water and Waste 6.7 -0.3<br />

Entertainment 7.2 0.8<br />

Public Administration 7.5 5.6<br />

Bottom Five Poorest Payers<br />

Sector September 23 Change from August 23<br />

Financial and Insurance 43 32<br />

Health & Social 16.6 2.7<br />

Other service 15.3 5<br />

Real Estate 14.3 3.7<br />

International Bodies 14 8.1<br />

Getting worse<br />

Financial and Insurance 32<br />

International Bodies 8.1<br />

Public Administration 5.6<br />

Manufacturing 5<br />

Other Service 4.8<br />

Construction 4.6<br />

Professional and Scientific 4.5<br />

Business Admin & Support 4.3<br />

Real Estate 3.7<br />

Mining and Quarrying 3.1<br />

IT and Comms 3<br />

Health & Social 2.7<br />

Energy Supply 1.9<br />

Wholesale and retail trade 1.4<br />

Transportation and Storage 1.1<br />

Entertainment 0.8<br />

Dormant 0.3<br />

Getting better<br />

Business from home -4.1<br />

SCOTLAND<br />

1.4 DBT<br />

Education -2.4<br />

Hospitality -0.7<br />

NORTHERN<br />

IRELAND<br />

0.2 DBT<br />

SOUTH<br />

WEST<br />

1.9 DBT<br />

WALES<br />

2.8 DBT<br />

NORTH<br />

WEST<br />

6.8 DBT<br />

WEST<br />

MIDLANDS<br />

2.1 DBT<br />

YORKSHIRE &<br />

HUMBERSIDE<br />

2.6 DBT<br />

EAST<br />

MIDLANDS<br />

3.2 DBT<br />

LONDON<br />

0.5 DBT<br />

SOUTH<br />

EAST<br />

4.6 DBT<br />

EAST<br />

ANGLIA<br />

2.8 DBT<br />

Water & Waste -0.3<br />

Region<br />

Getting Better – Getting Worse<br />

6.8<br />

4.6<br />

3.2<br />

2.8<br />

2.8<br />

2.6<br />

2.1<br />

1.9<br />

1.4<br />

0.5<br />

0.2<br />

North West<br />

South East<br />

East Midlands<br />

East Anglia<br />

Wales<br />

Yorkshire and Humberside<br />

West Midlands<br />

South West<br />

Scotland<br />

London<br />

Northern Ireland<br />

Brave | Curious | Resilient / www.cicm.com / <strong>November</strong> / PAGE 48


PAYMENT TRENDS<br />

Getting worse<br />

CONNACHT<br />

3 DBT<br />

ULSTER<br />

-15.2 DBT<br />

LEINSTER<br />

7.1 DBT<br />

Real Estate 82.5<br />

Professional and Scientific 3.5<br />

Construction 2.6<br />

Entertainment 1<br />

IT and Comms 0.1<br />

MUNSTER<br />

10.7 DBT<br />

CORK<br />

20 DBT<br />

DUBLIN<br />

5.4 DBT<br />

Getting better<br />

Business Admin and Suport -30<br />

Health & Social -20.9<br />

Water & Waste -20<br />

Top Five Prompter Payers – Ireland<br />

Region September 23 Change from August 23<br />

Cavan 0 0<br />

Kerry 0 0<br />

Laois 0 0<br />

Leitrim 0 0<br />

Limerick 0 0<br />

Bottom Five Poorest Payers – Ireland<br />

Region September 23 Change from August 23<br />

Westmeath 120 0<br />

Donegal 80 0<br />

Kilkenny 28 0<br />

Cork 20 20<br />

Dublin 16.4 5.4<br />

Top Four Prompter Payers – Northern Ireland<br />

Region September 23 Change from August 23<br />

Ulster 2.8 -15.2<br />

Connacht 6.7 3<br />

Leinster 9.3 7.1<br />

Munster 20 10.7<br />

Other Service -14.4<br />

Wholesale and retail trade -10.1<br />

Manufacturing -9.1<br />

Financial and Insurance -1.3<br />

Nothing changed<br />

Agriculture Forestry and Fishing 0<br />

Education 0<br />

Energy Supply 0<br />

Hospitality 0<br />

International Bodies 0<br />

Mining and Quarrying 0<br />

Public Administration 0<br />

Transportation and Storage 0<br />

Top Five Prompter Payers – Ireland<br />

Sector September 23 Change from August 23<br />

Education 0 0<br />

Hospitality 0 0<br />

International Bodies 0 0<br />

Mining and Quarrying 0 0<br />

Public Administration 0 0<br />

Bottom Five Poorest Payers – Ireland<br />

Sector September 23 Change from August 23<br />

Real Estate 94 82.5<br />

Energy Supply 28 0<br />

Professional and Scientific 12.2 3.5<br />

Health and Social 11.1 -20.9<br />

Water & Waste 10.3 -20<br />

The picture across Irish<br />

sectors is a little more blurred.<br />

Just under half (eight) of the<br />

20 sectors saw no change at<br />

all to their DBT, seven sectors<br />

are on the up and five are<br />

going backwards.<br />

Brave | Curious | Resilient / www.cicm.com / <strong>November</strong> / PAGE 49


LOOKING FOR<br />

YOUR NEXT<br />

CAREER MOVE?<br />

CREDIT CONTROLLER<br />

Manchester City Centre, up to £26k<br />

plus enhanced annual leave and benefits<br />

You will be working for a leading higher education business<br />

based in Manchester City Centre. Reporting into the <strong>Credit</strong><br />

Team Leader you will work in a team ensuring outstanding<br />

debt is proactively chased and allocated correctly on Oracle.<br />

This position would suit someone with previous <strong>Credit</strong> Control<br />

experience and ideally with strong Excel skills.<br />

Ref: 4285628<br />

Contact Emma Thompson on 0161 236 7272<br />

or emma.thompson2@hays.com<br />

SENIOR CREDIT CONTROLLER<br />

Birmingham, £32k plus 20% bonus<br />

A large company based in the city centre of Birmingham is<br />

currently recruiting for a Senior <strong>Credit</strong> Controller on a permanent<br />

basis. In the role, you will be joining a well-established<br />

credit team and will be responsible for liaising with customers<br />

about overdue invoices. You will be managing a ledger of<br />

over 500 accounts.<br />

Ref: 4458516<br />

Contact Henry Brook on 0333 010 7517<br />

or henry.brook@hays.com<br />

CREDIT CONTROLLER<br />

Sale (Trafford), £27.5k plus 5% bonus<br />

A prestigious client based in Sale (Trafford) are seeking an<br />

experienced <strong>Credit</strong> Controller to join their expanding team<br />

of eight. Reporting to the <strong>Credit</strong> Manager you will be tasked<br />

with managing your own key account ledger, chasing overdue<br />

monies, allocating cash & query resolution. Proficiency in<br />

Excel and SAP would be advantageous.<br />

Ref: TLJ254<br />

Contact Joanna Taylor-Coburn on 0161 926 8605<br />

or joanna.taylor-coburn@hays.com<br />

CREDIT CONTROLLER / AR SPECIALIST<br />

Canary Wharf, up to £40k<br />

An established commercial property company based near<br />

Canary Wharf are looking for a <strong>Credit</strong> Controller/AR specialist<br />

with over 3 years’ experience to join their finance team on a<br />

one year maternity cover basis. You will be joining a team of<br />

five reporting in to the <strong>Credit</strong> Manager. The role is three days<br />

in the office, one day from home. Property experience in either<br />

commercial or residential is essential.<br />

Ref: 4464703<br />

Contact Hussain Ahmed on 0333 010 7453<br />

or hussain.ahmed@hays.com<br />

hays.co.uk/credit-control-jobs<br />

© Copyright Hays plc <strong>2023</strong>. The HAYS word, the H devices, HAYS WORKING Brave | Curious FOR YOUR | Resilient TOMORROW / www.cicm.com and Powering the / <strong>November</strong> world of work / PAGE and associated 50 logos and artwork are trademarks of Hays plc.<br />

The H devices are original designs protected by registration in many countries. All rights are reserved. CM-1285719482


CREDIT CONTROLLER<br />

Richmond upon Thames, £32k plus bonus<br />

Premier entertainment company in the heart of South West<br />

London is growing and now requires a new <strong>Credit</strong> Controller to<br />

join this vibrant and professional finance team. The role offers a<br />

great scope for progression and interesting commercial insight<br />

in an expanding industry.<br />

Ref: 446346<br />

Contact Mark Ordona on 07565 800574<br />

or mark.ordona@hays.com<br />

STANDALONE CREDIT CONTROLLER<br />

Oldham, North Manchester, up to £30k<br />

This is an excellent opportunity to take ownership and put<br />

your own stamp on the <strong>Credit</strong> function. Reporting directly into<br />

the Financial Controller you will be responsible for reviewing<br />

and chasing unpaid invoices, managing credit limits and<br />

putting accounts on stop as well as providing cash reports<br />

from the SMT.<br />

Ref: 4446642<br />

Contact Emma Thompson on 0161 236 7272<br />

or emma.thompson2@hays.com<br />

This is just a small selection of the many opportunities<br />

we have available for credit professionals. To find out<br />

more, visit our website or contact Natascha Whitehead,<br />

<strong>Credit</strong> <strong>Management</strong> UK Lead at Hays on 07770 786433.<br />

Brave | Curious | Resilient / www.cicm.com / <strong>November</strong> / PAGE 51


RISING STAR<br />

A Cut Above<br />

How a former hairdresser has risen<br />

from junior credit manager to CICM Fellow.<br />

AUTHOR – Melanie York<br />

LOUISE Morris FCICM<br />

joined the award-winning<br />

independent law firm<br />

Brabners two years ago,<br />

and even after almost 25<br />

successful years in the<br />

industry, continues to climb and take on<br />

new challenges. Louise spent her first 21<br />

years in the waste management industry,<br />

before switching to the legal sector. She<br />

joined Brabners as a <strong>Credit</strong> Manager and<br />

a year later became a Working Capital<br />

Manager, and she has been advancing<br />

credit control in the firm.<br />

Like many young people today, credit<br />

control wasn’t Louise’s first choice of<br />

career. Her original passion throughout<br />

school and college was hairdressing, and<br />

after her A levels, she became a full-time<br />

hairdresser and beauty therapist. Then,<br />

suddenly, life threw a curve ball, and she<br />

went to Australia to rethink her life. A<br />

year later, she returned, unsure of what<br />

she wanted to do. She worked in a couple<br />

of call centres until she found a job as<br />

a customer advisor, resolving disputes<br />

for Clean Away, the waste management<br />

business. “That’s how I ended up falling<br />

into credit management,” she says, “and I<br />

suddenly developed a passion for it.” She<br />

had found her second calling.<br />

Success breeds success<br />

Louise joined a local team with the lowest<br />

dispute rates in the region. It was so<br />

successful that her manager was asked to<br />

run a country-wide department. The team<br />

grew as disputes shrank to a level where<br />

local depots could take back dispute<br />

management. Success breeds success, and<br />

the team was given more responsibility:<br />

“We took national accounts which were a<br />

separate entity because of the size of the<br />

clients,” she explains.<br />

Again, disputes fell dramatically to an<br />

all-time low, but there was a problem; the<br />

money still wasn’t coming in. So, during<br />

the summer of 2005 the Finance Director<br />

asked Louise: ‘Would you be the guinea<br />

pig to take credit control in-house for<br />

national accounts?’<br />

She jumped at the chance but then<br />

realised that no one could teach her how<br />

to do it: “If I'm running a team, I need to<br />

find out the legalities of this.”<br />

Not knowing where to go, she Googled<br />

credit management qualifications, found<br />

“If you want to<br />

progress, companies<br />

are looking for<br />

CICM qualified<br />

people, Brabners<br />

was looking for<br />

somebody who<br />

understood the<br />

Quality in <strong>Credit</strong><br />

<strong>Management</strong><br />

accreditation<br />

(CICMQ), so my<br />

CICM qualification<br />

helped me succeed<br />

in the recruitment<br />

process.”<br />

a CICM course at Salford College and<br />

enrolled. Suddenly, life was hectic, she<br />

says: “I was setting up the department,<br />

teaching staff and learning all at the same<br />

time, but it worked.”<br />

That summer, Clean Away and Veolia<br />

merged and Brian Morgan FCICM, the<br />

Group <strong>Credit</strong> Manager, gave her the<br />

national accounts for both. Louise’s team<br />

went on to win the CICM Team of the Year<br />

Award, and Louise became a Fellow of the<br />

Institute.<br />

Growing the business<br />

Two years ago, Louise was brought into<br />

Brabners alongside the CEO and CFO to<br />

improve efficiencies. Switching industries<br />

was challenging: “It couldn't be so far<br />

apart really could it, going from bin men<br />

to solicitors,” she jokes.<br />

Louise implemented new standardised<br />

processes and procedures with her<br />

team and the departmental managers,<br />

management assistants and fee earners<br />

by creating buy-in from the business:<br />

“The clients are very precious, and you<br />

need the trust of fee earners to achieve<br />

anything — it's about inspiring them to<br />

help Brabners grow.”<br />

Success factors<br />

Louise attributes her continuing success<br />

to her love of learning and being part of<br />

the CICM community. She encourages<br />

everyone to do the same so that they can<br />

find inspiration in their career and grow.<br />

She helps her team use the different<br />

routes to CICM qualification available<br />

today: “If you’ve been in the job for<br />

years,” she says, “you can do work-based<br />

assessment for the MCICM graduation.”<br />

Louise supported a member of her team<br />

with 11 years of experience to use CICM’s<br />

knowledge-based approach which she<br />

says is similar to the fellowship award<br />

process: “It’s about objective work-based<br />

proof that you have the required skills and<br />

experience, rather than study and exams.”<br />

Another team member also recently<br />

completed the Level 2 qualification<br />

through coursework alone.<br />

Louise champions the CICM<br />

qualifications because they are essential in<br />

anyone’s career: “If you want to progress,<br />

companies are looking for CICM qualified<br />

people,” she explains. “Brabners was<br />

looking for somebody who understood the<br />

Brave | Curious | Resilient / www.cicm.com / <strong>November</strong> / PAGE 52


Louise Morris FCICM (Grad),<br />

Working capital manager<br />

at Brabner's.<br />

Quality in <strong>Credit</strong> <strong>Management</strong> accreditation (CICMQ),<br />

so my CICM qualification helped me succeed in the<br />

recruitment process.”<br />

Another reason for qualifying is the CICM<br />

community: “It’s not just about doing the exams,” she<br />

says, “it's about the networking.” Being able to mix with<br />

people from many different backgrounds, industries,<br />

and experiences helps you learn. “You don't just learn<br />

how to deal with life from your parents. You learn from<br />

other people; it's the same in the CICM community. You<br />

have people with different perspectives to bounce ideas<br />

off and make suggestions if there is a better way to do<br />

things.”<br />

One example she gives is in learning how to manage<br />

teams: “If you trust your team, you're motivating<br />

them and you're allowing them to make decisions and<br />

empowering people to do that, then you get more out<br />

of them,” she says, “and you learn that by speaking to<br />

people in the network.”<br />

Recruiting apprentices<br />

Managing teams means motivating them and that<br />

begins with recruiting the right people. Louise<br />

often chooses apprentices rather than bringing in<br />

experienced staff over others’ heads and understands<br />

the importance of individual personalities: “Everybody<br />

has got to fit into your team,” she says, “It doesn't matter<br />

what qualifications they've got, or how high they've<br />

gone in their career. It takes an outstanding attitude to<br />

persuade people to part with their money,” she explains<br />

“and to get internal stakeholders to agree with what’s<br />

needed for the business.”<br />

But there is another reason she favours apprentices:<br />

“Many jobs ask for experience at entry-level. It's tough<br />

to start a career when you've just left school and find<br />

people who are willing to give you a chance. It's great<br />

that you can get someone who's motivated and willing<br />

to learn.”<br />

“It’s not just about doing the exams,<br />

it's about the networking. Being<br />

able to mix with people from many<br />

different backgrounds, industries, and<br />

experiences helps you learn. You don't<br />

just learn how to deal with life from<br />

your parents. You learn from other<br />

people; it's the same in the CICM<br />

community.’’<br />

The future is bright<br />

Louise is keen to attract more young people and<br />

particularly women into the industry. Since guidance<br />

was limited when she was young, Louise volunteers at<br />

Brabners’ open days and talks to young people about<br />

the support staff opportunities in the legal sector.<br />

“Nobody said to me there’s a job out there where you<br />

can ask people for money; they always said do you want<br />

to be a lollipop lady, a nurse or a teacher.”<br />

But Louise believes that credit management is an<br />

attractive career for people today with the advent of<br />

AI and the automation that comes with it: “It gets rid<br />

of those awful labour-intensive tasks so the team can<br />

do more challenging things. People want to be valued,<br />

and you get that,” Louise says, “by investing in them,<br />

teaching them new things and empowering them.”<br />

Brave | Curious | Resilient / www.cicm.com / <strong>November</strong> / PAGE 53


BRANCH NEWS<br />

NEW NORMS<br />

CICM East of England Branch holds Establishing<br />

New Norm of <strong>Credit</strong> <strong>Management</strong> Conference.<br />

AUTHOR – Richard Brown<br />

THE conference was hosted<br />

by Hays at its offices in<br />

London on 13 September<br />

<strong>2023</strong>, and Branch committee<br />

member William Plom<br />

of Hays welcomed a<br />

packed room of CICM members from six<br />

branches, and non-members.<br />

The event chairperson, and fellow<br />

Branch committee member Andy Moylan<br />

of EFCIS/ICBA UK, emphasised the<br />

value of interaction and that the aim of<br />

the event was to give everyone present<br />

the opportunity to learn and share<br />

information.<br />

Allianz Trade’s Ope Farinloye explained<br />

the five scoring pillars of risk assessment,<br />

and how they are used by country, sector<br />

and business, and which financial data,<br />

concerns, and other factors should be<br />

continuously updated, using data science<br />

to enhance predictive capabilities and aid<br />

the debtor de-risk process.<br />

Ope then led a workshop where<br />

delegates, in teams, assessed the financials<br />

of two companies to decide which one<br />

went bust and which one survived. All but<br />

one team had the correct answer.<br />

Paula Swain of Shoosmiths gave a<br />

thought provoking view of the collections,<br />

litigation and enforcement future. AI<br />

can analyse historical data and customer<br />

behaviour to predict which accounts are<br />

more likely to default/become delinquent.<br />

AI was approaching ‘warp’ speed. Paula<br />

outlined sandbox risk, ‘hallucination’, and<br />

regulatory issues. By incorporating AI into<br />

their litigation strategy, credit managers<br />

could streamline their processes, make<br />

data-driven decisions, prioritise collection<br />

efforts, manage costs and increase their<br />

chances of successful outcomes.<br />

Allianz Trade’s Ozlem Ozuner talked<br />

through ecommerce, and the best use of<br />

digitisation and AI in credit management,<br />

including Allianz’s new ecommerce B2B<br />

offering, predicting that 80 percent of<br />

transactions would be digital by 2025.<br />

Business buyers were demanding payment<br />

terms, and ecommerce was booming.<br />

Paula stressed the need to embrace the<br />

benefits of digitisation and digitalisation.<br />

The event concluded with a delicious<br />

buffet lunch and plenty of networking.<br />

The conference feedback about the<br />

content, speakers, venue and organisation<br />

was exceptionally good, and the Branch<br />

would like to thank our speakers, and<br />

Hays for their hospitality.<br />

Richard Brown CICM East of England Branch<br />

Vice Chairman<br />

A specialist and dedicated<br />

debt collection<br />

service<br />

020 8080 2888<br />

REDWOODCOLLECTIONS.COM<br />

WE WANT<br />

YOUR<br />

BRANCH<br />

NEWS!<br />

Get in touch with the CICM by<br />

emailing branches@cicm.com with<br />

your branch news and event reports.<br />

Please only send up to 400 words and<br />

any images need to be high resolution<br />

to be printable, so 1MB plus.<br />

Brave | Curious | Resilient / www.cicm.com / <strong>November</strong> / PAGE 54


WORKING LIFE<br />

Routes to success<br />

There are many different routes candidates<br />

may take to joining your credit team.<br />

AUTHOR – Natascha Whitehead<br />

WHILST achieving a<br />

relevant degree has<br />

long been thought<br />

of as one of the<br />

most effective ways<br />

to secure a job, it is<br />

certainly not the only route to success. In<br />

recent times, alongside the ongoing skills<br />

gap, there has been a noticeable shift in<br />

some sectors towards hiring for skills<br />

and potential, as opposed to having strict<br />

qualification requirements.<br />

Candidates coming into your<br />

team could have a range of different<br />

backgrounds when it comes to the route<br />

they chose to kickstart their career in<br />

credit management. After all, there is no<br />

one-size-fits-all approach, and the right<br />

attitude and ambition will take a person<br />

far, no matter what direction they choose.<br />

Here are four different, yet equally as<br />

credible, backgrounds candidates joining<br />

your team might have:<br />

A degree or college qualification<br />

One of the most traditional ways into<br />

credit management is to attain a college<br />

or university level qualification, such<br />

as a foundation or bachelor’s degree<br />

in business, finance or accounting.<br />

Although these certifications are not<br />

essential to enter the finance sector,<br />

they help to illustrate a candidate’s<br />

commitment to the subject matter and an<br />

ability to achieve rewards when they put<br />

their mind to it.<br />

As well as a wealth of knowledge,<br />

graduates are also likely to develop an<br />

expansive range of skills, such as time<br />

management and organisation, during<br />

their experience in further education.<br />

Both the technical and soft skills<br />

acquired are transferable to the world<br />

of work, which is one of the reasons a<br />

degree arguably opens up greater career<br />

opportunities.<br />

A professional accreditation<br />

A common and highly recommended<br />

route into accountancy more broadly<br />

is through a professional qualification<br />

such as the Association of Accounting<br />

Technicians (AAT), as well as chartered<br />

qualifications like the Associate Chartered<br />

Accountant (ACA) or Association of<br />

Chartered Certified Accountants (ACCA).<br />

The Chartered Institute of <strong>Credit</strong><br />

<strong>Management</strong> (CICM) have varying levels<br />

to progress through, to ensure there is a<br />

suitable path in place for individuals to<br />

achieve the qualification that fits their<br />

role and experience.<br />

These qualifications also demonstrate a<br />

person’s passion for the profession and are<br />

suitable for individuals at any stage of their<br />

career, whether that be a school leaver or<br />

someone who wants to retrain or move<br />

into credit management from an entirely<br />

different industry. Candidates who take<br />

part in professional accreditations gain<br />

an up-to-date expertise in the field which<br />

will undoubtedly support them within the<br />

world of work.<br />

An apprenticeship scheme<br />

Candidates joining your team who have<br />

taken part in an apprenticeship scheme<br />

will have both hands-on experience and<br />

theoretical knowledge under their belt.<br />

Apprenticeships are also a great way to<br />

gain practical training and earn money<br />

in the process, and support participants<br />

to develop an in-demand skillset that<br />

will enhance their entire career. There<br />

are a wide range of apprenticeship<br />

opportunities out there, from credit<br />

control to risk officer, which also allow<br />

candidates to earn a qualification<br />

alongside your apprenticeship.<br />

Qualify on the job<br />

Candidates might also immerse themselves<br />

into the world of credit management by<br />

qualifying on the job, through experience,<br />

also referred to as Qualified By Experience<br />

(QBE) accountants.<br />

Kiera Howes, credit controller at Hays<br />

studying for a CICM qualification, shares<br />

why this method worked well for her: “I’m<br />

glad I learnt on the job as I was able to put<br />

into practice what I was learning, making<br />

it a lot easier to understand concepts.<br />

My concern when it came to learning<br />

about credit management without having<br />

to apply it, was that it might be too<br />

theoretical and less engaging than a more<br />

hands-on approach.”<br />

Nicole Carroll, also a credit controller<br />

at Hays studying for a CICM qualification,<br />

explains why a route which involves<br />

both learning on the job and studying<br />

for a professional accreditation can the<br />

way forward: “I didn’t have any previous<br />

qualifications, but I started as a temp and<br />

then I was offered a permanent position,<br />

which is when I decided to study with<br />

CICM. As I enjoy the role, I thought it<br />

would be worthwhile to get a formal<br />

qualification to accompany my practical<br />

experience. Starting out as a trainee<br />

and then studying has given me more<br />

knowledge to help me carry out my role<br />

and really improved my confidence.”<br />

Having a workforce comprised of<br />

candidates with varying backgrounds is<br />

incredibly beneficial to any business, as<br />

every avenue comes with its own skills,<br />

experience and insights that a candidate<br />

can contribute to their team and the<br />

wider organisation. It's important to<br />

acknowledge that there is no right or<br />

wrong way to embark on a career in credit<br />

management and regardless of a person’s<br />

route, they can steer towards success and<br />

get to where they want to be.<br />

Natascha Whitehead is Business Director at<br />

Hays specialising in <strong>Credit</strong> <strong>Management</strong>.<br />

These qualifications also demonstrate a person’s passion for<br />

the profession and are suitable for individuals at any stage of<br />

their career, whether that be a school leaver or someone who<br />

wants to retrain or move into credit management from an<br />

entirely different industry.<br />

Brave | Curious | Resilient / www.cicm.com / <strong>November</strong> / PAGE 55


Cr£ditWho?<br />

CICM Directory of Services<br />

COLLECTIONS<br />

CREDIT MANAGEMENT SOFTWARE<br />

CREDIT MANAGEMENT SOFTWARE<br />

Guildways<br />

T: +44 3333 409000<br />

E: info@guildways.com<br />

W: www.guildways.com<br />

Guildways is a UK & International debt collection specialist with over<br />

25 years experience. Guildways prides itself on operating to the<br />

highest ethical standards and professional service levels. We are<br />

experienced in collecting B2B and B2C debts. Our service includes:<br />

• A complete No collection, No Fee commission based service<br />

• 10% plus VAT commission for UK debts<br />

• Commission from 22% plus VAT for International debts<br />

• 24/7 online access to your cases through our CaseManager portal<br />

• Direct online account-to-account payments, to speed up<br />

collections and minimise costs<br />

If you are unable to locate your customer, we also offer a no trace, no<br />

fee, trace and collect service.<br />

For more information, visit: www.guildways.com<br />

COLLECTIONS LEGAL<br />

Blackline<br />

33 Charlotte St, London W1T 1RR<br />

T: +44 (0) 203 318 5941<br />

E: sales@blackline.com<br />

W:www.blackline.com/solutions/accounts-receivableautomation/<br />

Transform and modernize your accounts receivable processes.<br />

Release cash from customers using next-generation intelligent<br />

AR automation. Optimize working capital by driving world-class<br />

order-to-cash processes and leverage 'decision intelligence' to<br />

drive better business outcomes.<br />

Reduce or eliminate manual tasks, and enable AR teams to<br />

focus on actions that drive results. Strengthen decision intelligence<br />

to deliver significant value to the organization by harnessing<br />

BlackLine’s ground-breaking AR Intelligence module<br />

- unlock hidden data in Accounts Receivable processes and<br />

understand customer behaviours in real time.<br />

For more information and a free instant ROI calculation for AR<br />

visit https://www.blackline.com/solutions/accounts-receivable-automation/<br />

ContactEngine<br />

A NICE Company<br />

Email: info@contactengine.com<br />

Website: www.contactengine.com<br />

ContactEngine is a proactive customer engagement platform,<br />

which connects organizations to its customers through AI<br />

powered digital conversations, ​enabling fully automated<br />

customer journeys. The game changer for collections?<br />

Companies can now talk directly with tens of thousands of<br />

people simultaneously. This enables collections treatment<br />

automation using intelligent, natural language conversations,<br />

dynamic engagement strategies, and easy-to-trigger payment<br />

transactions that move the needle and help organisations collect<br />

outstanding debt faster. ContactEngine anticipates the need<br />

to interact with customers and fully automates personalized,<br />

multichannel conversations that engage customers over days,<br />

weeks, months and years to achieve specific milestones or<br />

trigger next steps based on customer responses.<br />

For more information, visit www.contactengine.com/solutions/<br />

collections or email info@contactengine.com<br />

Lovetts Solicitors<br />

Lovetts, Bramley House, The Guildway,<br />

Old Portsmouth Road,<br />

Guildford, Surrey, GU3 1LR<br />

T: 01483 347001<br />

E: info@lovetts.co.uk<br />

W: www.lovetts.co.uk<br />

With more than 25yrs experience in UK & international business<br />

debt collection and recovery, Lovetts Solicitors collects £40m+<br />

every year on behalf of our clients. Services include:<br />

• Letters Before Action (LBA) from £1.50 + VAT (successful in 86%<br />

of cases)<br />

• Advice and dispute resolution<br />

• Legal proceedings and enforcement<br />

• 24/7 access to your cases via our in-house software solution,<br />

CaseManager<br />

Don’t just take our word for it, here’s some recent customer<br />

feedback: “All our service expectations have been exceeded.<br />

The online system is particularly useful and extremely easy to<br />

use. Lovetts has a recognisable brand that generates successful<br />

results.”<br />

CREDIT DATA AND ANALYTICS<br />

CoCredo<br />

Missenden Abbey, Great Missenden, Bucks, HP16 0BD<br />

T: 01494 790600<br />

E: customerservice@cocredo.com<br />

W: www.cocredo.co.uk<br />

For over 20 years, CoCredo, one of the UK's leading <strong>Credit</strong> Report<br />

companies, has helped thousands of business customers minimise<br />

their bad debt. Our data is compiled and constantly updated from<br />

various prominent UK and international suppliers, encompassing<br />

235 countries, so our clients can access the latest information in an<br />

easy-to-read report. Our product and service solutions are tailored<br />

to meet our clients' needs, including market-leading Dual Reports<br />

and integrated XML solutions, monitoring, and our D.N.A. <strong>Credit</strong><br />

Risk <strong>Management</strong> tool that reduce costs and boost cashflow.<br />

Since 2014, we have been finalists and winners of Small Business<br />

and <strong>Credit</strong> Awards. Our clients appreciate our involvement in their<br />

customer journey, resulting in a 99% client retention rate.<br />

HighRadius<br />

T: +44 (0) 203 997 9400<br />

E: infoemea@highradius.com<br />

W: www.highradius.com<br />

HighRadius provides a cloud-based Integrated Receivable<br />

Platform, powered by machine learning and AI. Our Technology<br />

empowers enterprise organisations to reduce cycle time in the<br />

order-to-cash process and increase working capital availability by<br />

automating receivables and payments processes across credit,<br />

electronic billing and payment processing, cash application,<br />

deductions, and collections.<br />

Tinubu Square UK<br />

Holland House, 4 Bury Street,<br />

London EC3A 5AW<br />

T: +44 (0)207 469 2577 /<br />

E: uksales@tinubu.com<br />

W: www.tinubu.com<br />

Founded in 2000, Tinubu Square is a software vendor, enabler<br />

of the <strong>Credit</strong> Insurance, Surety and Trade Finance digital<br />

transformation.<br />

Tinubu Square enables organizations across the world to<br />

significantly reduce their exposure to risk and their financial,<br />

operational and technical costs with best-in-class technology<br />

solutions and services. Tinubu Square provides SaaS solutions<br />

and services to different businesses including credit insurers,<br />

receivables financing organizations and multinational corporations.<br />

Tinubu Square has built an ecosystem of customers in over 20<br />

countries worldwide and has a global presence with offices in<br />

Paris, London, New York, Montreal and Singapore.<br />

Credica Ltd<br />

Building 168, Maxell Avenue, Harwell Oxford, Oxon. OX11 0QT<br />

T: 01235 856400E: info@credica.co.uk W: www.credica.co.uk<br />

Our highly configurable and extremely cost effective Collections<br />

and Query <strong>Management</strong> System has been designed with 3 goals<br />

in mind:<br />

•To improve your cashflow • To reduce your cost to collect<br />

• To provide meaningful analysis of your business<br />

Evolving over 15 years and driven by the input of 1000s of<br />

<strong>Credit</strong> Professionals across the UK and Europe, our system is<br />

successfully providing significant and measurable benefits for our<br />

diverse portfolio of clients.<br />

We would love to hear from you if you feel you would benefit from<br />

our ‘no nonsense’ and human approach to computer software.<br />

Cedar Rose Int. Services Ltd<br />

Tel: (+357) 25 346630 (Cyprus Office)<br />

(+971) 4 374 5758 (UAE Office)<br />

E: info@cedar-rose.com W: www.cedar-rose.com<br />

Follow us on LinkedIn<br />

Cedar Rose stands at the forefront of global leadership in the<br />

provision of premium compliance, due diligence investigations,<br />

and identity verification services for both individuals and<br />

companies. As a distinguished recipient of numerous awards, its<br />

reputation is founded on unparalleled excellence and precision.<br />

Originally specializing in the Middle East and North Africa,<br />

Cedar Rose has now expanded its horizons, offering insights<br />

on entities and persons across the globe. With its innovative<br />

CRiS Intelligence Platform, clients gain immediate access to an<br />

expansive database of over 384 million companies.<br />

Cedar Rose offers a holistic range of data-driven solutions tailored<br />

to meet diverse needs. Its offerings range from automation<br />

solutions that streamline onboarding and monitoring processes,<br />

to in-depth compliance investigations, and advanced electronic<br />

identity verification for KYC and KYB requirements.<br />

Data Interconnect Ltd<br />

45-50 Shrivenham Hundred Business Park,<br />

Majors Road, Watchfield. Swindon, SN6 8TZ<br />

T: +44 (0)1367 245777<br />

E: sales@datainterconnect.co.uk<br />

W: www.datainterconnect.com<br />

We are dedicated to helping finance teams take the cost,<br />

complexity and compliance issues out of Accounts Receivable<br />

processes. Corrivo is our reliable, easy-to-use SaaS platform<br />

for the continuous improvement of AR metrics and KPIs in a<br />

user-friendly interface. <strong>Credit</strong> Controllers can manage more<br />

accounts with better results and customers can self-serve on<br />

mobile-responsive portals where they can query, pay, download<br />

and view invoices and related documentation e.g. Proofs of<br />

Delivery Corrivo is the only AR platform with integrated invoice<br />

finance options for both buyer and supplier that flexes credit<br />

terms without degrading DSO. Call for a demo.<br />

Brave | Curious | Resilient / www.cicm.com / <strong>November</strong> / PAGE 56


FOR ADVERTISING INFORMATION OPTIONS<br />

AND PRICING CONTACT<br />

paul@centuryone.uk 01727 739 196<br />

CREDIT MANAGEMENT SOFTWARE<br />

CREDIT MANAGEMENT SOFTWARE<br />

ENFORCEMENT<br />

ESKER<br />

Sam Townsend Head of Marketing<br />

Northern Europe Esker Ltd.<br />

T: +44 (0)1332 548176 M: +44 (0)791 2772 302<br />

W: www.esker.co.uk LinkedIn: Esker – Northern Europe<br />

Twitter: @EskerNEurope blog.esker.co.uk<br />

Esker’s Accounts Receivable (AR) solution removes the all-toocommon<br />

obstacles preventing today’s businesses from collecting<br />

receivables in a timely manner. From credit management to cash<br />

allocation, Esker automates each step of the order-to-cash cycle.<br />

Esker’s automated AR system helps companies modernise<br />

without replacing their core billing and collections processes. By<br />

simply automating what should be automated, customers get the<br />

post-sale experience they deserve and your team gets the tools<br />

they need.<br />

Top Service Ltd<br />

Top Service Ltd, 2&3 Regents Court, Far Moor Lane<br />

Redditch, Worcestershire. B98 0SD<br />

T: +44 (0)1527 518800<br />

E: enquiries@top-service.co.uk<br />

W: www.top-service.co.uk<br />

Top Service Ltd: Trusted partner in construction credit information<br />

and debt recovery. For over 30 years, Top Service has been a<br />

cornerstone in the construction industry, providing expertise in<br />

credit information and effective debt recovery services. Described<br />

as a 'national grapevine of information' for the construction<br />

industry, members are able to stay one step ahead with access<br />

to upto the minute payment experiences shared from thousands<br />

of members allowing them to make the best, most informed<br />

credit decisions and have the ability to take swift action where<br />

necessary. Trust in experience. Trust in excellence. Trust in Top<br />

Service Ltd.<br />

CLOUD-BASED SOFTWARE<br />

High Court Enforcement Group Limited<br />

Client Services, Helix, 1st Floor<br />

Edmund Street, Liverpool, L3 9NY<br />

T: 08450 999 666<br />

E: clientservices@hcegroup.co.uk<br />

W: hcegroup.co.uk<br />

Putting creditors first<br />

We are the largest independent High Court enforcement company,<br />

with more authorised officers than anyone else. We are privately<br />

owned, which allows us to manage our business in a way that<br />

puts our clients first. Clients trust us to deliver and service is<br />

paramount. We cover all aspects of enforcement – writs of control,<br />

possessions, process serving and landlord issues – and are<br />

committed to meeting and exceeding clients’ expectations.<br />

FINANCIAL PR<br />

My DSO Manager<br />

22, Chemin du Vieux Chêne,<br />

Bâtiment D, Meylan, FRANCE<br />

T: +33 (0)458003676<br />

E: contact@mydsomanager.com<br />

W: www.mydsomanager.com<br />

My DSO Manager is an all-in-one intelligent SaaS accounts<br />

receivable and credit management system that provides realtime<br />

insight and scalability from SMEs to international multientity<br />

companies. It helps AR analysts, accounting or finance<br />

managers, and any client-facing employee, manage risk and<br />

maximize cash collection.<br />

It can swiftly integrate any kind of data from any ERP and<br />

implement any customization due to its creative, competent IT<br />

teams that are headquartered inside the firm and collaborate<br />

closely with support employees, many of whom were formerly<br />

credit managers at big corporations.<br />

The feature-rich functions, automated reminders, alerts, and<br />

numerous services connected to the solution, such as EDM/<br />

CRMs/insurance/e-payment/BI platforms etc., along with a<br />

reasonable pricing system, have simplified the credit-to-cash<br />

cycle by monitoring daily KPIs like DSO, aging balance, overdues/<br />

past-dues, customer behavior, and cash forecast.<br />

My DSO Manager's worldwide clientele are its real ambassadors,<br />

who assist the company in expanding on an ongoing basis.<br />

SERRALA<br />

Serrala UK Ltd, 125 Wharfdale Road<br />

Winnersh Triangle, Wokingham<br />

Berkshire RG41 5RB<br />

E: r.hammons@serrala.com W: www.serrala.com<br />

T +44 118 207 0450 M +44 7788 564722<br />

Serrala optimizes the Universe of Payments for organisations<br />

seeking efficient cash visibility and secure financial processes.<br />

As an SAP Partner, Serrala supports over 3,500 companies<br />

worldwide. With more than 30 years of experience and<br />

thousands of successful customer projects, including solutions<br />

for the entire order-to-cash process, Serrala provides credit<br />

managers and receivables professionals with the solutions they<br />

need to successfully protect their business against credit risk<br />

exposure and bad debt loss.<br />

TCN<br />

T: +44 (0) 800-088-5089<br />

E : spencer.taylor@tcn.com<br />

W: www.tcn.com<br />

TCN is a leading provider of cloud-based call centre technology<br />

for enterprises, contact centres, BPOs, and collection<br />

agencies worldwide. Founded in 1999, TCN combines a deep<br />

understanding of the needs of call centre users with a highly<br />

affordable delivery model, ensuring immediate access to robust<br />

call centre technology, such as SMS, email, predictive dialler,<br />

IVR, call recording, and business analytics required to optimise<br />

operations while adhering to callers’ requests.<br />

Its “always-on” cloud-based delivery model provides customers<br />

with immediate access to the latest version of the TCN solution, as<br />

well as the ability to quickly and easily scale and adjust to evolving<br />

business needs. TCN serves various Fortune 500 companies and<br />

enterprises in multiple industries, including newspaper, collection,<br />

education, healthcare, automotive, political, customer service, and<br />

marketing. For more information, visit www.tcn.com or follow on<br />

ENFORCEMENT<br />

Court Enforcement Services<br />

Adele Whitehurst – Client Relationship Manager<br />

M: +44 (0)7525 119 711 T: +44 (0)1992 367 092<br />

E : a.whitehurst@courtenforcementservices.co.uk<br />

W: www.courtenforcementservices.co.uk<br />

Court Enforcement Services is the market leading and fastest<br />

growing High Court Enforcement company. Since forming in 2014,<br />

we have managed over 100,000 High Court Writs and recovered<br />

more than £187 million for our clients, all debt fairly collected. We<br />

help lawyers and creditors across all sectors to recover unpaid<br />

CCJ’s sooner rather than later. We achieve 39% early engagement<br />

resulting in market-leading recovery rates. Our multi-awardwinning<br />

technology provides real-time reporting 24/7. We work in<br />

close partnership to expertly resolve matters with a fast, fair and<br />

personable approach. We work hard to achieve the best results<br />

and protect your reputation.<br />

Gravity Global<br />

Floor 6/7, Gravity Global, 69 Wilson St, London, EC2A 2BB<br />

T: +44(0)207 330 8888. E: sfeast@gravityglobal.com<br />

W: www.gravityglobal.com<br />

Gravity is an award winning full service PR and advertising<br />

business that is regularly benchmarked as being one of the<br />

best in its field. It has a particular expertise in the credit sector,<br />

building long-term relationships with some of the industry’s bestknown<br />

brands working on often challenging briefs. As the partner<br />

agency for the <strong>Credit</strong> Services Association (CSA) for the past 22<br />

years, and the Chartered Institute of <strong>Credit</strong> <strong>Management</strong> since<br />

2006, it understands the key issues affecting the credit industry<br />

and what works and what doesn’t in supporting its clients in the<br />

media and beyond.<br />

FORUMS<br />

FORUMS INTERNATIONAL<br />

T: +44 (0)1260 275716<br />

E: info@forumsinternational.co.uk<br />

W: www.forumsinternational.co.uk<br />

Forums International Ltd have been running <strong>Credit</strong> and Industry<br />

Forums since 1991. We cover a range of industry sectors and<br />

International trading, attendance is for <strong>Credit</strong> Professionals of all<br />

levels. Our forums are not just meetings but communities which<br />

aim to prepare our members for the challenges ahead. Attending<br />

for the first time is free for you to gauge the benefits and meet the<br />

members and we only have pre-approved Partners, so you will<br />

never intentionally be sold to.<br />

INSOLVENCY<br />

Menzies<br />

T: +44 (0)2073 875 868 - London<br />

T: +44 (0)2920 495 444 - Cardiff<br />

W: menzies.co.uk/creditor-services<br />

Our <strong>Credit</strong>or Services team can advise on the best way for you<br />

to protect your position when one of your debtors enters, or<br />

is approaching, insolvency proceedings. Our services include<br />

assisting with retention of title claims, providing representation<br />

at creditor meetings, forensic investigations, raising finance,<br />

financial restructuring and removing the administrative burden<br />

– this includes completing and lodging claim forms, monitoring<br />

dividend prospects and analysing all Insolvency Reports and<br />

correspondence.<br />

For more information on how the Menzies <strong>Credit</strong>or Services<br />

team can assist, please contact Bethan Evans, Licensed<br />

Insolvency Practitioner, at bevans@menzies.co.uk or call<br />

+44 (0)2920 447 512.<br />

Brave | Curious | Resilient / www.cicm.com / <strong>November</strong> / PAGE 57


Cr£ditWho?<br />

CICM Directory of Services<br />

FOR ADVERTISING INFORMATION<br />

OPTIONS AND PRICING CONTACT<br />

paul@centuryone.uk 01727 739 196<br />

INSOLVENCY<br />

PAYMENT SOLUTIONS<br />

RECRUITMENT<br />

Red Flag Alert Technology Group Limited<br />

49 Peter Street, Manchester, M2 3NG<br />

T: 0330 460 9877<br />

E: sales@redflagalert.com<br />

W: www.redflagalert.com<br />

The UK’s No1 Insolvency Score is available as platform<br />

designed to help businesses manage risk and achieve growth<br />

using real-time data. The only independently owned UK credit<br />

referencing agency for businesses. We have modernised the<br />

way companies consume data, via Graph QL API and apps for<br />

many CRM / ERP systems to power businesses decisions with<br />

the most important data taken in real-time feeds, ensuring our<br />

customers are always the first to know.<br />

Red Flag Alert has a powerful portfolio management tool<br />

enabling you to monitor all your customers and suppliers so<br />

you and your teams can receive email alerts on data events<br />

i.e. CCJ, Petitions, Accounts, Directors, amongst 84 alerts<br />

produced and tailored to your business.<br />

Red Flag Alert works towards growing and protecting<br />

businesses using advanced machine learning and AI technology<br />

data to provide businesses with information to deliver best in<br />

class sales, credit risk management and compliance.<br />

LEGAL<br />

Shoosmiths<br />

Email: paula.swain@shoosmiths.co.uk<br />

Tel: 03700 86 3000 W: www.shoosmiths.co.uk<br />

Shoosmiths’ highly experienced team will work closely with credit<br />

teams to recover commercial debts as quickly and cost effectively<br />

as possible. We have an in depth knowledge of all areas of debt<br />

recovery, including:<br />

•Pre-litigation services to effect early recovery and keep costs<br />

down •Litigation service •Insolvency<br />

•Post-litigation services including enforcement<br />

As a client of Shoosmiths, you will find us quick to relate to your<br />

goals, and adept at advising you on the most effective way of<br />

achieving them.<br />

PAYMENT SOLUTIONS<br />

American Express<br />

76 Buckingham Palace Road,<br />

London. SW1W 9TQ<br />

T: +44 (0)1273 696933<br />

W: www.americanexpress.com<br />

American Express is working in partnership with the CICM and is a<br />

globally recognised provider of payment solutions to businesses.<br />

Specialising in providing flexible collection capabilities to drive a<br />

number of company objectives including:<br />

• Accelerate cashflow • Improved DSO • Reduce risk<br />

• Offer extended terms to customers<br />

• Provide an additional line of bank independent credit to drive<br />

growth • Create competitive advantage with your customers<br />

As experts in the field of payments and with a global reach,<br />

American Express is working with credit managers to drive<br />

growth within businesses of all sectors. By creating an additional<br />

lever to help support supplier/client relationships American<br />

Express is proud to be an innovator in the business payments<br />

space.<br />

Key IVR<br />

T: +44 (0) 1302 513 000 E: sales@keyivr.com<br />

W: www.keyivr.com<br />

Key IVR are proud to have joined the Chartered Institute of<br />

<strong>Credit</strong> <strong>Management</strong>’s Corporate partnership scheme. The<br />

CICM is a recognised and trusted professional entity within<br />

credit management and a perfect partner for Key IVR. We are<br />

delighted to be providing our services to the CICM to assist with<br />

their membership collection activities. Key IVR provides a suite<br />

of products to assist companies across the globe with credit<br />

management. Our service is based around giving the end-user<br />

the means to make a payment when and how they choose. Using<br />

automated collection methods, such as a secure telephone<br />

payment line (IVR), web and SMS allows companies to free up<br />

valuable staff time away from typical debt collection.<br />

Quadient AR by YayPay<br />

T: +44 20 8502 8476<br />

E: r.harash@quadient.com<br />

W: www.quadient.com/en-gb/ar-automation<br />

Quadient AR by YayPay makes it easy for B2B finance teams<br />

to stay ahead of accounts receivable and get paid faster – from<br />

anywhere. Integrating with your existing ERP, CRM, accounting<br />

and billing systems, YayPay organizes and presents real-time data<br />

through meaningful, cloud-based dashboards. These increase<br />

visibility across your AR portfolio and provide your team with a<br />

single source of truth, so they can access the information they<br />

need to work productively, no matter where they are based.<br />

Automated capabilities improve team efficiency by 3X and<br />

accelerate the collections process by making communications<br />

customizable and consistent. This enables you to collect cash<br />

up to 34 percent faster and removes the need to add additional<br />

resources as your business grows.<br />

Predictive analytics provide insight into future payer behavior to<br />

improve cash flow management and a secure, online payment<br />

portal enables customers to access their accounts and pay at any<br />

time, from anywhere.<br />

PAYMENT SOLUTIONS<br />

FIS GETPAID<br />

25 Canada Square, London, GB E14 5LQ<br />

T: +447730500085<br />

E: getinfo@fisglobal.com.<br />

W: www.fisglobal.com<br />

The award-winning FIS GETPAID solution is a fully integrated,<br />

web-based order-to cash (O2C) solution that helps companies<br />

improve operational efficiencies, lower DSO, and increase cash<br />

flow. GETPAID provides process automation, artificial intelligence,<br />

and workflow across the O2C cycle, with detailed analysis and<br />

reporting for accurate cash forecasting. FIS is a global leader in<br />

financial services technology that empowers the financial world.<br />

For more information visit https://www.fisglobal.com/en/cashflowand-capital/credit-and-collections<br />

or email getinfo@fisglobal.com.<br />

Hays <strong>Credit</strong> <strong>Management</strong><br />

107 Cheapside, London, EC2V 6DN<br />

T: 07834 260029<br />

E: karen.young@hays.com<br />

W: www.hays.co.uk/creditcontrol<br />

Hays <strong>Credit</strong> <strong>Management</strong> is working in partnership with the CICM<br />

and specialise in placing experts into credit control jobs and<br />

credit management jobs. Hays understands the demands of this<br />

challenging environment and the skills required to thrive within<br />

it. Whatever your needs, we have temporary, permanent and<br />

contract based opportunities to find your ideal role. Our candidate<br />

registration process is unrivalled, including face-to-face screening<br />

interviews and a credit control skills test developed exclusively for<br />

Hays by the CICM. We offer CICM members a priority service and<br />

can provide advice across a wide spectrum of job search and<br />

recruitment issues.<br />

PORTFOLIO<br />

CREDIT CONTROL<br />

Portfolio <strong>Credit</strong> Control<br />

1 Finsbury Square, London. EC2A 1AE<br />

T: 0207 650 3199<br />

E: recruitment@portfoliocreditcontrol.com<br />

W: www.portfoliocreditcontrol.com<br />

Portfolio <strong>Credit</strong> Control, a 5* Trustpilot rated agency, solely<br />

specialises in the recruitment of Permanent, Temporary & Contract<br />

<strong>Credit</strong> Control, Accounts Receivable and Collections staff<br />

including remote workers. Part of The Portfolio Group, an awardwinning<br />

Recruiter, we speak to <strong>Credit</strong> Controllers every day and<br />

understand their skills meaning we are perfectly placed to provide<br />

your business with talented <strong>Credit</strong> Control professionals. Offering<br />

a highly tailored approach to recruitment, we use a hybrid of faceto-face<br />

and remote briefings, interviews and feedback options.<br />

We provide both candidates & clients with a commitment to deliver<br />

that will exceed your expectations every single time.<br />

Cr£ditWho?<br />

CICM Directory of Services<br />

FOR ADVERTISING<br />

INFORMATION<br />

OPTIONS AND<br />

PRICING CONTACT<br />

paul@centuryone.uk<br />

01727 739 196<br />

Brave | Curious | Resilient / www.cicm.com / <strong>November</strong> / PAGE 58


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