{"id":12956,"date":"2023-12-29T16:57:36","date_gmt":"2023-12-29T16:57:36","guid":{"rendered":"https:\/\/www.taxpolicy.org.uk\/?p=12956"},"modified":"2023-12-29T18:09:26","modified_gmt":"2023-12-29T18:09:26","slug":"struck_off","status":"publish","type":"post","link":"https:\/\/heacham.neidles.com\/2023\/12\/29\/struck_off\/","title":{"rendered":"Douglas Barrowman, PPE Medpro, the BVI loan and the struck-off solicitor"},"content":{"rendered":"\n
There are plenty of reasons to be suspicious of PPE Medpro. The way it obtained a contract<\/a> to supply PPE to the Government during the pandemic. The oddity of there being both a UK company<\/a> and Isle of Man company<\/a> with the same name (something most businesses would try to avoid). The alleged uselessness of the PPE it supplied<\/a>. The steps taken to hide that it was owned by Douglas Barrowman<\/a>. That Baroness Mone (his wife) both introduced PPE Medpro to the Government<\/a> and shares in its profits<\/a>. The documentary it funded<\/a> to defend the couple.<\/p>\n\n\n\n So the news that PPE Medpro is involved in a peculiar loan arrangement is not surprising.<\/p>\n\n\n\n Companies that borrow money often grant security to the lender. Sometimes a mortgage – in much the same way that an individual would borrow from a bank; other times, the security isn’t over land, but is over assets. The benefit for the lender is that, if the borrower becomes insolvent, a secured lender is paid out in priority to ordinary unsecured creditors. The charge can be “fixed” or “floating” (“fixed” is practically more difficult in many cases, but has a higher priority in insolvency).<\/p>\n\n\n\n You can see the security granted by a company on its Companies House charge register. Here’s the charge register<\/a> for PPE Medpro Limited:<\/p>\n\n\n\n You can click through that to the debenture (the document creating the charge). In case this is withdrawn\/amended, I’ve saved a copy here<\/a>. The debenture secures obligations under a loan facility from a BVI company called Perree (PTC) Limited – the company involved in the shadowy ownership arrangements of his Belgravia house<\/a>.<\/p>\n\n\n\n There are several interesting things about this:<\/p>\n\n\n Obvious questions arise:<\/p>\n\n\n\n We currently have no way to answer these questions (the balance sheet date for the most recent accounts pre-dates the facility).<\/p>\n\n\n\n It’s not normally a great idea for UK companies to borrow from tax haven companies, because interest they pay on the loan is subject to a 20% withholding tax<\/a>. Probably one of three things happened:<\/p>\n\n\n\n When a charge is filed with Companies House, it has to be accompanied by a copy of the charging document (here, the debenture). To provide some assurance this is a copy of the actual document, it has to be “certified”. <\/p>\n\n\n\n Here’s what the UK government website says about certified copies<\/a>:1<\/a><\/sup>This accords with my understanding, but I’m embarrassed to say I don’t know the legal authority for this. Very possibly there isn’t one – but I’d be most grateful for any thoughts.<\/span><\/p>\n\n\n\n Here’s who certified the PPE Medpro charge:<\/p>\n\n\n\n John Hardman is effectively Barrowman’s in-house lawyer.2<\/a><\/sup>Not to be confused with the tax adviser John Hardman<\/a>, formerly at Pinsent Masons, who has no connection to these matters. Of course there are likely many other unrelated John Hardmans.<\/span>. However, you can see only traces of this on the public internet, including Companies House connections with Barrowman<\/a> and an old LinkedIn profile:3<\/a><\/sup>Hardman recently removed all content from his LinkedIn profile<\/span><\/p>\n\n\n\n Hardman is an interesting choice for a legal adviser, because he is a former solicitor who was struck off for dishonesty:<\/p>\n\n\n\n You can’t see the details online, but I’ve obtained them – he was struck off for stealing client money to support his failing business (he then went bankrupt).<\/p>\n\n\n\n Three more obvious questions:<\/p>\n\n\n\n Many thanks to Y for background research on this.<\/p>\n\n\n\n<\/figure>\n\n\n\n
1. The BVI loan<\/h2>\n\n\n
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2. The struck-off solicitor<\/h2>\n\n\n
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