COURT NUMBER: CR-2024-MAN-000367

IN THE HIGH COURT OF JUSTICE

BUSINESS AND PROPERTY COURTS IN MANCHESTER

INSOLVENCY AND COMPANIES LIST (ChD)

IN THE MATTER OF STEPHEN SMITH – INDIVIDUAL VOLUNTARY ARRANGEMENT AND OTHERS

AND IN THE MATTER OF THE INSOLVENCY ACT 1986

ON 19 March 2024

BEFORE District Judge Obodai

Between:

(1) GUY DAMIAN WITHEY

(2) ANEL ANDREW

Applicants

-and-

(1) KEVIN DUFFY

Respondent

ORDER

UPON the application of Guy Damian Withey and Anel Andrew for a block transfer order made by notice dated 14 March 2024

AND UPON notice of the application having been provided to the Secretary of State for Business, Energy and Industrial Strategy pursuant to rule 12.37(6) of the Insolvency (England and Wales) Rules 2016 on 14 March 2024

AND UPON reading the evidence

IT IS ORDERED THAT

1. Each of the individual voluntary arrangements listed in the Schedule to this Order (the Block Transfer Cases) which are subject to proceedings in the County Courts or other Business and Property Courts in England and Wales, be transferred to the High Court of Justice, Business and Property Courts in Manchester, Insolvency and Companies List (ChD) solely for the purpose of this Application and of making this Order.

2. Immediately upon this Order taking effect, the Block Transfer Cases be transferred back to their original location of Court or hearing centre from which they were transferred.

3. Guy Damian Withey and Anel Andrew (the Outgoing Officeholders) be removed from office in respect of the Block Transfer Cases from the date of this Order pursuant to Rule 12.37(2) of the Insolvency (England and Wales) Rules 2016 (the Rules) without being required to (i) use one of the decision procedures or deemed consent procedures set out in the Insolvency Act 1986 (as amended) (the Act) or the Rules for the Block Transfer Cases; or (ii) apply to the Secretary of State for release or discharge pursuant to the Act; or (iii) file a receipts and payments account.

4. Kevin Duffy of Parker Philips Insolvency Limited (the Replacement Officeholder) be appointed as replacement officeholder in respect of each of the Block Transfer Cases from the date of this Order pursuant to Rule 12.37(3) of the Rules without being required to (i) use one of the decision procedures or deemed consent procedures set out in the Rules for the Block Transfer Cases; or (ii) file a receipts and payments account.

5. The creditors in each of the Block Transfer Cases, will be notified of this Order by way of one composite advertisement published in the London Gazette within 14 days of receipt of the sealed Block Transfer Order from the Court and at the time of the next statutory reporting required for each of the Block Transfer Cases.

6. Any creditor in respect of any of the individual voluntary arrangements listed in the Block Transfer Cases who has an objection to this Order shall have 28 days from the date notice is given to creditors in accordance with paragraph 5 of this Order to apply to Court to set aside or vary the terms of this Order. Such application shall not affect the transfer of the Block Transfer Cases until further or other Order by the Court.

7. In the Block Transfer Cases, the Outgoing Officeholders shall be released forthwith from any and all liability past, present or future in respect of any act(s) and/or omissions in relation to their conduct as Outgoing Officeholders of the estates/ Block Transfer Cases. Such release shall take effect 28 days after giving of notice to creditors in accordance with paragraph 5 above, save in respect of any claim notified to the Outgoing Officeholders pursuant to the Act and/or pursuant to such other provision as may apply on or prior to the notice date and save that such release may be subject to a further Order in the event of an application by any creditor under paragraph 6 of this Order for the specific case subject to that application.

8. The Replacement Officeholder shall deliver to the Secretary of State (Insolvency Service) notice of their appointment as soon as reasonably practicable in accordance with Rules 8.26(4) and 12.38(6) of the Rules.

9. The Outgoing Officeholders shall file a copy of this Order with each of the Courts listed in the Block Transfer Cases Schedule (attached to this Order) where applicable.

10. All client accounts including all funds in those accounts (if any) in respect of each of the Block Transfer Cases shall be transferred from the Outgoing Officeholders to the Replacement Officeholder.

11. Any personal data as defined by the Data Protection Act 2018 (DPA) which is disclosed by the Outgoing Officeholders and/or Parker Philips Insolvency Limited to the Replacement Officeholder is exempt from the duties of non-disclosure under the DPA, pursuant to the exemption in paragraph 5(3) of Schedule 2 and paragraph 3 of Schedule 11 of the DPA.

12. In respect of each of the Block Transfer Cases, the next routine report due to creditors shall contain reference to and explanation of the effect of this Order and the liberty to apply provision in paragraph 13 below.

13. The parties have liberty to apply to the Court to amend this Order to include any appointments held by the Outgoing Officeholders which have been inadvertently omitted from the Application.

14. The terms of the Order shall not apply to any case which is listed in the Block Transfer Cases but which, prior to the Order being sealed by the Court, is concluded and the case closed (in which case for the avoidance of doubt the appointment of the Replacement Officeholder will not take effect).

15. Such further order or other relief or direction as the Court shall deem fit.

16. The costs of this Application (including VAT) shall be met by Parker Philips Insolvency Limited.

Dated 19 March 2024

Service of this order on all parties will be through the Applicants solicitors

EXHIBIT AA1

This is Exhibit AA1 referred to in the Witness Statement of Anel Andrew dated 15 February 2024.

Schedule of Individual Voluntary Arrangement [IVA] cases

Block Transfer Order from Guy Withey to Kevin Duffy as Supervisor

Effective Date: 18 April 2024

CONSENT TO ACT OF KEVIN DUFFY

I, KEVIN DUFFY of Parker Philips Insolvency Limited, First Floor Suites 1-3, Trafalgar House, 110 Manchester Road, Altrincham, Greater Manchester, WA14 1NU, certify that I am qualified to act as an insolvency practitioner. My insolvency practitioner number is 28850 and the recognised professional body which is the source of my authorisation to act as an Insolvency Practitioner is the Insolvency Practitioners Association - IPA.

I, hereby consent to act as sole office holder, in place of Guy Damian Withey of Pennyplan Limited and Anel Andrew of MoneyPlus Insolvency Limited, of the individual voluntary arrangement cases listed in Schedule at pages 1 to 44 of Exhibit AA1.

Consent to Act - Kevin Duffy

Signed:Kevin Duffy of Parker Phillips Insolvency Limited

Dated: 13 March 2024