Local Company In High Court Over Debts
A Lancashire alternative education company with offices in Calderdale and across Greater Manchester, was taken to court this week as a result of substantial debts owed to Her Majesty’s Revenue and Customs (HMRC), with the court promptly ordering the winding up of the company.
Burnley, Lancashire based firm Cool UK, made no representation to the court during the proceedings. Neither Gareth Binding (Managing Director), his daughter Michelle Binding (Finance Director), nor any other representative, appeared on behalf of the company at the High Court on 16th June. Mr Registrar Simmonds promptly ruled to bring Cool UK into compulsory liquidation. In addition to ordering the liquidation of Cool UK, the court awarded all costs to HMRC and appointed them as the Official Receiver for the company.
Following the judgement, suspicion has arisen that Cool UK (now known as Cool Lancashire and Alternative In Mind (AIM)) may have continued trading during 2009, whilst being knowingly insolvent, in contravention of the “wrongful trading” provision of the Insolvency Act 1986. Directors of companies which continue to trade whilst insolvent, risk disqualification, criminal prosecution, and may also become personally liable for the company’s debts. It is unclear as yet whether the Official Receiver will pursue further action against the company’s directors.
The charismatic Managing Director of Cool Lancashire, Gareth Binding, is known to have close ties with the Calder Valley, having previously lived in Todmorden. Mr. Binding is also understood to have connections with Hebden Royd Town councillors, Susan Press and Janet Oosthuysen, and fellow businessman Jason Elliott of British Recycled Products.
In an employment tribunal held in early 2010, Cool UK were deemed to have unfairly dismissed Steph Booth, the Labour Party’s general election candidate for the Calder Valley, who worked in a senior role the company from April 2008.
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