Further words of wisdom published in the Law Society Gazette in February 2019
I wrote this article for the Law Society Gazette in February 2019, which sets out some of the "cleansing" properties of the examinership process for companies with inter shareholder issues compromising their trading performance. It has been overtaken by two events; at the outset Sarah-Jane O'Keeffe, ACCA being appointed as the first female examiner in Eastern Seaboard Limited (for which Judge Haughton has promised to buy me a coffee!), and also perhaps a rosier (than today's) view of the financial future. Needless to say examinership is a significant imposition on a company and its stakeholders, and no-one will lightly recommend a company to undergo the process. However, there are unexpected outcomes that can be further reaching than are immediately apparent, and may be worthy of consideration where appropriate.