Insolvency Service
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Midland Construction Limited wound up
A successor building company to those wound up on grounds of public interest earlier this year (see Note 4) has been ordered into liquidation in the High Court in the public interest following an investigation by Companies Investigation Branch (CIB) of the Insolvency Service.
As was the case with the above-mentioned liquidated companies, construction work was started by the company but then deliberately abandoned.
The grounds for the winding up were that the company conducted its business with a want of commercial probity, had operated without insurance, had failed to co-operate with the enquiry, had inadequate accounting records and had failed to register for Value Added Tax.
In one contract that the company failed to disclose to the investigation it was nevertheless discovered that after receiving payment of £27,000, the company failed to perform the work properly leaving behind a trail of destruction.
High Court Registrar Mr Nichols agreed with the investigator's findings. The Registrar said this was a case of insufficient records to explain the true financial position of the company and non-co-operation with the enquiry which, taking into account the failure to perform contracts and the considerable amount of evidence showing the commercial standards of the company fell below the standards of behaviour reasonably expected, ordered the company into liquidation.
Notes to Editors:
1. Midland Construction Limited was incorporated on 7 February 2006. The registered office of the company until 24 January 2008 was at 25 Bodnam Road, Springbank, Cheltenham, Gloucestershire, GL51 OWE and thereafter at Suite 307, Eagle Tower, Montpelier Drive, Cheltenham, Gloucestershire, GL50 1TA. The company's initial sole director was Mr Pablo Antonio Hortiguela who resigned on 20 September 2007 whereupon Mr James Cornelius Killick was appointed director. The company secretary is HCS Secretarial Limited of 44 Upper Belgrave Road, Clifton, Bristol, BS8 2XN.
2. The petition to wind up the company in the public interest was presented on 25 April 2008 under the provisions of section 124A of the Insolvency Act 1986 following confidential enquiries carried out by Companies Investigation Branch (CIB) under the provisions of section 447 of the Companies Act 1985, as amended.
3. The company was ordered into liquidation on 11 June 2008.
4. Mr Killick has previously been connected with the operation of Crestmere Construction Limited and Construction Management Development Limited, two building companies which, amongst others, were wound up on public interest grounds on 20 February 2008.
For further information see News Release: Ins/Coms/62 - issued on 21 February 2008.
5. The company was the successor construction company.
6. Companies Investigation Branch, part of the Insolvency Service, carries out confidential enquiries on behalf of the Secretary of State for Business, Enterprise & Regulatory Reform (BERR).
7. The Insolvency Service administers the insolvency regime investigating all compulsory liquidations and individual insolvencies (bankruptcies) through the Official Receiver to establish why they became insolvent. The Service also authorises and regulates the insolvency profession; deals with disqualification of directors in corporate failures; assesses and pays statutory entitlement to redundancy payments when an employer cannot or will not pay employees; provides banking and investment services for bankruptcy and liquidation estate funds; and advises ministers and other government departments on insolvency law and practice.
8. All public enquiries concerning the affairs of the company (and the earlier liquidations) should be made to: The Official Receiver, Public Interest Unit, 21
Bloomsbury Street, London, WC1B 3SS, Tel No: 020 7637 1110. Email: piu.or@insolvency.gsi.gov.uk .
9. Further information about the work of The Insolvency Service is available from http://www.insolvency.gov.uk
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