Directors banned in care home investment scheme

Christopher Bateman (49) and his business partner, Nicola Fairweather (48) are banned for 25 years from directly, or indirectly, becoming involved in the promotion, formation or management of a company, without the permission of the court.

The Insolvency Service’s investigations were triggered when two connected companies, GCC Management Ltd and Amek Solutions Ltd, entered into insolvency procedures. Bateman, from Knutsford, and Fairweather, from Macclesfield, were directors of both companies.

GCC Management was an unregulated company that offered people the opportunity to invest in the purchase of care homes, with the promise of fixed rate returns of 10% to 30%. Amek Solutions advised on and/or arranged investments in GCC Management.

Investigators found Bateman caused Amek Solutions to breach the Financial Services and Markets Act 2000. Misconduct included: advising people – many being unsophisticated investors – to transfer funds from their pensions; failing to advise investors to seek independent financial advice; and Amek did not have authority to encourage investments.

Amek Solutions promoted GCC Management’s scheme to at least 133 people, who invested close to £6.3 million from their pensions despite not being protected under the Financial Services Compensation Scheme. Amek Solutions was rewarded by receiving more than £5.4 million in commission from GCC Management.

Investigators also looked into the affairs of GCC Management and found that when the company entered into liquidation, investors were owed £13.2 million.

GCC Management produced misleading and unrealistic marketing materials based on a business plan which lacked commercial viability, there were no mitigation plans to help investors if returns couldn’t be made, and the company sent false information to investors about when their returns would be repaid.

By September 2012, GCC Management only had one operating care home that had generated income, which was much lower than expected. However, the company continued to push their investment opportunities to dupe more investors.

Investigators calculated that at least 243 people invested more than £11.6 million with GCC Management. 166 of these investors transferred more than £7.8 million from their existing pensions.

From the funds they received through deception, GCC Management made unaccounted payments worth millions that did not benefit the company or its investors. This included £1.4 million paid to connected companies Bateman and Fairweather were directors of and another £1.4 million to foreign exchange companies.

Robert Clarke, Chief Investigator for the Insolvency Service, said:

Our thorough investigations uncovered extensive abuse of investors who have lost millions of pounds through Bateman and Fairweather’s deceitful activities. Many investors were regular people who were not familiar with investments and were duped to transfer money from their hard-earned pensions.

The judge commented in court that this was an appalling exploitation of relatively unsophisticated investors. Thankfully Bateman and Fairweather have been removed from the corporate arena for a significant amount of time and this should send a clear message to other company directors that there are serious consequences if you dupe those seeking to invest pension funds to best effect.

About the directors

Christopher Bateman is from Knutsford, Cheshire, and his date of birth is August 1973. On 1 August 2022, in the Manchester High Court of Justice, HHJ Cawson KC made a disqualification order for 14 years against Christopher Bateman in relation to his misconduct in Amek Solutions and GCC Management. Richard Tetlow appeared for the Insolvency Service. The defendant did not appear nor did anyone appear on his behalf.

Nicola Fairweather is from Macclesfield, Cheshire, and her date of birth is November 1973. On 5 February 2020, the Secretary of State accepted an 11-year disqualification undertaking from Nicola Fairweather, after she did not dispute causing or allowing GCC Management to operate with a lack of commercial probity to the detriment of its investors.

About the companies

GCC Management Ltd (Company number 07460611) entered creditors voluntary liquidation on 09 November 2017.

Amek Solutions Ltd (Company number 07054820) entered compulsory liquidation on 31 October 2018.

About disqualifications

Disqualification undertakings are the administrative equivalent of a disqualification order but do not involve court proceedings. Persons subject to a disqualification order are bound by a range of restrictions.

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

You can also follow the Insolvency Service on:




UKHO presents 2021 Alexander Dalrymple Award to the US Office of Coast Survey

The UK Hydrographic Office (UKHO) has presented the 2021 Alexander Dalrymple Award to the US Office of Coast Survey (OCS) in recognition of its outstanding contribution to global hydrography.

UK National Hydrographer Rear Admiral Rhett Hatcher handed over the award on behalf of the UKHO at the National Oceanic and Atmospheric Administration (NOAA)’s headquarters. The award was accepted by Rear Admiral Ben Evans, US National Hydrographer and Director of the OCS. Following delays caused by the pandemic, the award presentation took place on 5 October 2022.

As a key office within the NOAA, the OCS is responsible for surveying and charting the waters within the US Exclusive Economic Zone. It has been at the forefront of hydrographic developments for many years.

The award recognises the instrumental role played by the OCS in laying the foundations for the hydrographic community entering an exciting new era of digitalisation. Notably, this has included its successful modernisation of NOAA’s chart production processes and delivery.

As a pre-cursor to the next generation of digital navigation services, the OCS launched the NOAA Custom Chart Tool 1.0 in 2021. The dynamic map tool enables users to create and download their own custom nautical charts using Electronic Navigational Chart (ENC) data.

The OCS has also helped steer the modernisation, discoverability and accessibility of hydrographic data on a global scale. From its strategic work with the International Hydrographic Organization to its unconditional support of the Seabed 2030 initiative, this collaboration – combined with ongoing technological innovation – will benefit the global hydrographic community into the future.

Commenting on the award, Rear Admiral Rhett Hatcher said: “Following a thoroughly eventful and highly demanding 12-month period in 2021 related to maintaining outputs in the eyes of the COVID-19 pandemic storm in particular, but also recognising the fact that they have been at the top of their game for much longer, the significant contribution of the Office of Coast Survey to hydrographic good practise cannot be underestimated. Their successes rightly generate prominence, but, in equal measure, value-add for the rest of the international hydrographic community.

“It was an absolute pleasure to present the Alexander Dalrymple Award to the current Director, Rear Admiral Ben Evans, in person during a very useful visit to the OCS headquarters in Silver Spring near Washington DC, where he and his wonderful staff fulfil a key set of tasks for the US Government both in national waters and across the globe.”

On behalf of the OCS, Rear Admiral Evans said: “The Alexander Dalrymple award is a tremendous honour, which recognises the tireless efforts of my predecessors and the entire staff of Coast Survey. I deeply appreciate Admiral Hatcher’s visit to present it and the opportunity to discuss issues of common interest in hydrography and nautical charting.

“While we have made significant progress, there remains much to do as we contemplate a new era of S-100 products and the growing demand for hydrographic data for a wide range of non-navigation applications. Coast Survey values its strong ties with the UKHO and all our international partners, and I look forward to working together as we continue to improve mapping and charting of the world’s oceans and the safety and efficiency of marine transportation.”

Named after the first Hydrographer of the British Admiralty, the Alexander Dalrymple Award has been awarded each year by the UKHO since 2006 to recognise outstanding contributions to hydrography. Recipients of the award are selected by the Executive Committee of the UKHO for their efforts in raising the standards of hydrography, cartography and navigation around the world.




Appointment of a new Lady Justice of Appeal: 02 November 2022

Press release

His Majesty The King has approved the appointment of Mrs Justice Falk as a Lady Justice of Appeal in the Court of Appeal.

His Majesty The King has approved the appointment of Mrs Justice Falk as a Lady Justice of Appeal in the Court of Appeal.

The Court of Appeal is the Senior Court of Appeal in England and Wales. The Court consists of Senior judges including The Lord Chief Justice of England and Wales, the Master of the Rolls, and the Heads of Division of the High Court, alongside Lord or Lady Justices of Appeal.

The appointment of Lord and Lady Justices of the Court of Appeal are made by His Majesty The King on the advice of the Prime Minister and the Lord Chancellor following the recommendation of an independent selection panel.

The selection panel was chaired by Lord Chief Justice, Lord Burnett of Maldon. Panel members include Sir Geoffrey Vos, the Master of the Rolls; Lord Kakkar, the Chairman of the Judicial Appointments Commission; and lay Judicial Appointments Commissioners, Ms Sue Hoyle OBE and Ms Jane Furniss CBE.

Biography

Mrs Justice Falk qualified as a solicitor in 1986 and went on to become a partner at a city law firm. In 2015 she was appointed as a fee-paid deputy judge of the Upper Tribunal (Tax and Chancery Chamber).  From then until her appointment to the High Court she sat regularly in the First-tier Tax Tribunal and Upper Tribunal.  She was appointed as a High Court Judge in 2018, assigned to the Chancery Division. She was a Judicial Commissioner of the Judicial Appointments Commission from 2019 to 2022.

Published 2 November 2022




Self Assessment: don’t forget to declare COVID-19 payments

HM Revenue and Customs (HMRC) is reminding Self Assessment customers that they must declare COVID-19 payments in their tax return for the 2021 to 2022 tax year.

More than 2.9 million people claimed at least one Self-Employment Income Support Scheme (SEISS) payment up to 5 April 2022. These grants are taxable and should be declared on tax returns for the 2021 to 2022 tax year before the deadline on 31 January 2023.

The SEISS application and payment windows during the 2021 to 2022 tax year were:

  • SEISS 4: 22 April 2021 to 1 June 2021
  • SEISS 5: 29 July 2021 to 30 September 2021

SEISS is not the only COVID-19 support scheme that should be declared on tax returns. If customers received other support payments during the 2021 to 2022 tax year, they may need to report this on their tax return if they are:

  • self-employed
  • in a partnership
  • a business

Myrtle Lloyd, HMRC’s Director General for Customer Services, said:

We want to help customers get their tax returns right, first time. We have videos and guidance available online to support you with your Self Assessment. Search ‘help with Self Assessment’ on GOV.UK to find out more.

Help and support is available on GOV.UK for those completing their Self Assessment tax returns. There is also a series of videos on YouTube.

The free and secure HMRC app can be used to make Self Assessment payments. Alternative payment options include:

  • paying through PAYE tax code (subject to eligibility)
  • paying via online banking

Those who are unable to pay their tax bill in full can access the support and advice that’s available on GOV.UK. HMRC may be able to help by arranging an affordable payment plan, known as a Time to pay. Customers should try to do this online, go to GOV.UK for more information. Alternatively, they can contact the helpline.

All Self Assessment customers need to be alert to the risk of criminals emailing, calling or texting claiming to be from HMRC. Scams come in many forms – some threaten immediate arrest for tax evasion, others offer a tax rebate. Contacts like these should set alarm bells ringing and HMRC advises customers to take their time and check scams advice by searching for ‘HMRC scams’ on GOV.UK. HMRC also urges customers never to share their HMRC login details. Someone using them could steal from the customer or make a fraudulent claim in their name.

More information about Self Assessment

If customers are self-employed or in a partnership and received any coronavirus financial support, they will need to declare it on their Self Assessment Tax Return.

If self employed, they should use:

  • form SA103S – short if a customer’s tax affairs are simple and their turnover was below the VAT threshold (£85,000) for the tax year
  • form SA103F – full if their annual turnover was above the VAT threshold for the tax year

If in a partnership, they should use:

SEISS payments should be placed in the Self-Employment Income Support Scheme Grant box on a customer’s Self Assessment tax return. They should record all other taxable COVID-19 payments in the any other business income box.

The government is offering help for households. Check GOV.UK to find out what cost of living support you could be eligible for.




East Midlands directors banned for Bounce Back Loan abuse

Muhammad Rais, 42, from Leicester, has been disqualified for 9 years for exaggerating the turnover of his takeaway business to claim £31,000 of Bounce Back Loans to which the company was not entitled.

And Lee Mankelow, 42, of Arnold, Nottinghamshire has been disqualified as a director for 6 years, after claiming £50,000 from the loan scheme to support his timber supply business through the pandemic, before paying it all to a former director of the company.

The two directors received the money as part of a government scheme to support businesses that were facing hardship during the Covid outbreak.

Companies were entitled to claim Bounce Back Loans of up to 25% of their 2019 turnover, to a maximum of £50,000, for the economic support of their business.

Lee Mankelow was the director of Wolf Timber Ltd, which traded as a builders/providers of timber products. The company, however, entered into liquidation in December 2020 before Wolf Timber Ltd’s insolvency triggered an investigation by the Insolvency Service.

Investigators uncovered that Mankelow applied for a £50,000 Bounce Back Loan in June 2020, after the company had seen a rise in online business during Covid lockdowns.

Mankelow, however, transferred the full £50,000 the day after he received the loan to a former director of the company, breaching the terms of the loan which stated that the money must be used to support the business.

Investigators found no evidence to support Mankelow’s claims that the money was used to pay the wages, bonuses, dividends and expenses of the former director who had stayed on as an employee of the company.

And Muhammad Rais was the sole director of Lokma BBQ Ltd in Leicester until the company went into liquidation in January 2022.

The company came to the attention of the Insolvency Service following its liquidation before investigators uncovered that Rais applied for a £50,000 Bounce Back Loan, stating that the takeaway’s turnover the previous year had been £200,000.

However, Lokma BBQ’s actual turnover for 2019 had been around £74,000, resulting in the company receiving £31,000 of government-backed loans which it wasn’t entitled to.

Rais has agreed with the liquidator to re-pay £8,000 of the money owed through monthly installments.

The disqualifications prevent Mankelow and Rais from directly, or indirectly, becoming involved in the promotion, formation or management of a company, without the permission of the court.

Tom Phillips, Assistant Director of Investigation and Enforcement Services for the Insolvency Service, said:

“Bounce Back Loans were put in place to provide vital support to help viable businesses through the pandemic. Both Mankelow and Rais completely abused the government-backed loans to further their own interests, which was totally unacceptable.

“Mankelow and Rais’ bans should serve as a stark warning to other directors who may have misused financial support during the pandemic that we have the ability to bring your actions to account and remove you from the corporate arena.”

Notes to editors

Lee Mankelow is of Arnold, Nottinghamshire, and his date of birth is August 1980

Wolf Timber Ltd (Company number: 12174859)

Muhammad Rais is of Leicester and his date of birth is April 1980

Lokma BBQ Ltd (Company Reg no.11232141)

A disqualification order has the effect that without specific permission of a court, a person with a disqualification cannot:

  • act as a director of a company
  • take part, directly or indirectly, in the promotion, formation or management of a company or limited liability partnership
  • be a receiver of a company’s property

Disqualification undertakings are the administrative equivalent of a disqualification order but do not involve court proceedings.

Persons subject to a disqualification order are bound by a range of other restrictions.

Information about the work of the Insolvency Service, and how to complain about financial misconduct.

Contact Press Office

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