Insolvency practitioner sanctions: Trevor Binyon 5 September 2024
On 5 September 2024 a Disciplinary Consent Order was made against Trevor Binyon of London, United Kingdom
Applies to England, Scotland and Wales
Documents
Details
Summary of complaint:
Complaint 1
On 11 May 2020 and 19 August 2020 Mr Trevor Binyon acting as Lead Joint Liquidator of “A” Limited, issued a Notice of Intended Dividend in accordance with Rule 14.34 of the Insolvency (England and Wales)) Rules 2016, when there were outstanding matters regarding the amount of preferential and unsecured claims.
The above was in breach of R2105.1 (Professional Behaviour) of the Code of Ethics effective from
1 May 2020, in that Mr Binyon knew or should have known that issuing a Notice of Intended Dividend in these circumstances would cause to be put at risk, the ability of dividends being able to be declared in compliance with Rule 14.34.
Mr Binyon is therefore liable to disciplinary action under disciplinary bye-law 4.1b of the bye-laws
effective from 14 October 2019.
Complaint 2
On or before 5 August 2020, Mr Trevor Binyon, acting as Lead Joint Liquidator of “A” Limited, failed to comply with Rule 14.33 of the Insolvency (England and Wales) Rules 2016 by postponing payment of the above dividend to creditors for reasons which did not meet the requirements of Rule 14.33.
and/or
On or before 16 November 2020, Mr Trevor Binyon acting as Lead Joint Liquidator of “A” Limited, failed to comply with Rule 14.33 of the Insolvency (England and Wales) Rules 2016 by postponing payment of the above dividend to creditors for reasons which did not meet the requirements of Rule 14.33.
By reason of the above, Mr Binyon failed to comply with R2103.1 (b) of the fundamental principle of competence and due care in that he failed to act in accordance with the relevant technical and professional standards.
Mr Binyon is therefore liable to disciplinary action under disciplinary Bye-law 4.1b of the bye-laws effective from 14 October 2019.