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ANTONY FANSHAWE BSc, MBA,FCA,FABRP

INSOLVENCY AND ACCOUNTANCY EXPERT

I am a chartered accountant (FCA, qualified1980), a licensed insolvency practitioner (1987) and I have an MBA from the University of Bath (2002).

I have been involved in the insolvency world since 1981, shortly after I qualified as a chartered accountant with Price Waterhouse (as it was then; now part of PwC). I was one of the first to become a licensed insolvency practitioner following the enactment of the 1986 Act, and have worked full time as an insolvency practitioner until recently when a change in the market has caused me to focus more closely on work in connection with litigation in a commercial advisory and expert capacity.

I am also still an appointment taking licence holder. Most of my executory work is solvent liquidations and I have an active strategic advisory workload, which brings me into contact with companies on the edge of solvency, where many of the issues on which I give expert opinions come into play.

I left Price Waterhouse in 1990 to start up my own firm, Fanshawe Lofts, which I ran for 18 years before selling it to the Begbies Traynor Group in 2008. Fanshawe Lofts had an excellent reputation for its corporate finance and corporate recovery work on the South Coast.

At the beginning of 2013, having been released from my tie in with Begbies Traynor, I established FPN Limited, with my colleague of over 20 years, Rosemary Penn Newman, who is a chartered accountant (and also an MBA) specialising in Corporate Finance.

Until 2013, I had been a member of R3 Council for 12 years, and was instrumental in setting up the R3 Thames Valley group with which I am still closely involved.

I was first asked to act as an expert witness at the turn of the century, instructed by a builder and developer, who was going through a divorce. That case turned on the valuation of his interests in various businesses. The matter settled by negotiation within 5% of my valuation.

I have done other divorce work but most of my work has been in the context of insolvency proceedings, acting as an expert, and asked to use my experience both as an insolvency practitioner and a chartered accountant.

This has included advising the Court on business valuations (in the context both of divorce and pleadings for transactions at an under-value), loss of profits, the point at which insolvent liquidation becomes unavoidable (in the context of wrongful trading), misfeasance, professional negligence, statutory charges for the expenses of the administration, insolvency practitioners’ costs and calculations of loss in alleged wrongful trading periods. I have acted in over twenty matters.

Most of my instructions have been settled through mediation or negotiation before the start of formal litigation proceedings, and in those cases I become an important part of the negotiating team. But I also have experience of appearing in court and responding to cross-examination effectively. The the last case on which I did so was the reported wrongful trading case of Roberts v Frohlich and Anor (2011).

In another recent case, settled out of court, I was asked to assess the loss arising from a transfer of a business just before liquidation at an under-value. There was, as it transpired, more to this case than was initially pleaded. There were also wrongful trading and loss of profit issues, and it was by no means clear that the company would have had to be liquidated had its business not been transferred. The last two points emerged from my work and enabled the liquidator with my and his lawyers’ help, to negotiate the recovery up, from about £200,000 to nearly £1 million.

In 2013 I reported in a complex matter involving the duties of an administrator, statutory charges for the expenses in an administration, and IP costs.

Regarding the statutory charge the issue specifically was the nature and effect of the statutory charge on assets to secure payment of administrators’ remuneration and expenses and whether the administrators should be permitted to execute a further, contractual, debenture in their favour over the assets of the company. This part of the dispute was resolved at a reported hearing (In the Matter of Hotel Company 42 The Calls Ltd, sub nom Whitfield v Al Jaber [2013] EWHC 3925 (Ch); [2014] BCC 13).

The other issues were resolved in mediation in which I was a key member of the team.

My current expert workload includes advising the Court on matters involving wrongful trading, professional negligence and a valuation of a lender’s security in the context of a statutory demand.

For further information or to discuss our service please call me on 023 8038 1956, or email me on antony.fanshawe@fpn.uk.com.

Antony Fanshawe BSc, MBA, FCA, FABRP

January 2015

 

 

Some Testimonials

“Your ability to grasp the issues with very little in the way of brief was exemplary. If only all experts were so reliable and insightful.” Mike Pavitt, Partner, Paris Smith LLP

Commenting on my involvement in a difficult mediation: “Goodness me. Didn’t you do well against the odds- well done”. Stephen Davies QC, Guildhall Chambers.

“It was his clear understanding of the figures and his ability to clearly explain his loss calculations and methodology that persuaded the opponents to settle before trial”. David Oliver, Consultant, Verisonalaw LLP.