Bust air firm may provide key to HBOS controls failures
August 28th, 2010August 28th, 2010
[Editorial Note: This article was written in June 2010 but has not previously been published in its entirety. An edited version was published in The Sunday Times on June 27th, 2010]
Directors of an aviation business that went bust owing HBOS £113 million in September 2007 were allowed to buy the business back from administrators Price Waterhouse Coopers for an initial consideration of just £7.
A few months later they paid an additional £49,999 but were unable to pay the additional €10m they were supposed to pay by February 2008 to secure ownership of the most profitable subsidiary, a Germany-based maintenance company.
The administrative receivership enabled directors of Corporate Jet Services to avoid paying millions of pounds to unsecured creditors, including airplane lessors and Her Majesty’s Revenue & Customs. HBOS was forgiving, writing off £60m of CJS’s outstanding overdraft of £81m in March 2008.
Directors who benefited from the deal include David Mills, who had a close relationship with HBOS. As chairman of Quayside Corporate Services, he either advised or sat on the boards of scores of the bank’s “mid market, high risk” corporate clients, many of which went bust between March and October 2007.
Other directors who participated in the phoenixing included Robin Southwell, chief executive of defense and aviation group EADS UK and a close business associate of Mills, and Tony Shakesby, a former PwC accountant.
In early 2007, HBOS asked PwC – the ‘big four’ accountancy firm that is defending charges that it “facilitated” the alleged $2bn Baugur fraud – to investigate CJS.
PWC’s review, completed in May 2007, confirmed that CJS was insolvent and recommended administration. PwC administrators David Chubb and Michael Jervis decided against auctioning CJS’s assets – which included several airplanes and part shares in luxury ‘yachts’ Powder Monkey and Invictus – on the open market.
Instead, they put CJS into administration on September 26, 2007 selling the business to Quest Aviation Services the same day.
In a report to creditors Chubb and Jervis said they did this since the company “insufficient funds to support the trading subsidiaries for a prolonged marketing campaign, which would also have been detrimental to customer confidence in the chartered and regional airline businesses of Club and Euromanx.”
Quest was an off-the-shelf company created by the directors who had caused CJS to collapse under the weight of unserviceable debts – Mills, Southwell, Shakesby and Dave Jackson (who formerly ran a CJS subsidiary). Using it, they were able to acquire the CJS assets virtually debt free. Each owned a 25% stake in Quest.
Despite its failure to stump up the €10m needed to secure ownership of CJS’s German subsidiary, 328 Support Services GmBH, based at the former Dornier aircraft factory at Oberpfaffenhofen in Bavaria, Quest continues to run the company on a day-to-day basis.
Asked whether PWC and Lloyds had exempted Quest from making the payment, Quest chief executive Dave Jackson said: “Terms of consideration continue to be implemented.”
In a statement PwC said: “The transaction was completed, and deferred consideration is still being received.”
Southwell said that, at the time of CJS’s 2007 demise, “I would have been happy to have fallen on my sword but I was asked to stay on in order to provide some continuity”.
“The easy way out would have been to write it [CJS] off but instead PwC and the bank chose to grind it through to the next level, and drive it forward in the anticipation of getting some of its money back.”
Mills, Southwell and Shakesby built Corporate Jet Services into a debt-laden aviation mini-conglomerate on the back of deals funded by generous loans from HBOS, led by the bank’s disgraced former head of corporate Peter Cummings.
It was loss-making throughout its five year life and made estimated losses of £21m in the year to December 2006. By the time of its collapse, the Southampton-based aviation group owed HBOS a reported £113m. Within that was an overdraft of more than £60m, despite an official limit of only£800,000.
In the period 2002-07 CJS acquired a number of smaller aviation businesses including Club 328 (formerly Bookajet, a provider of private jets to celebrities including footballer David Beckham) and the Isle of Man-based scheduled carrier Euromanx.
After the CJS administration, Isle of Man-based Euromanx was allowed to limp along for seven months with the support of the Manx government. It collapsed in May 2008, with the loss of 70 jobs and leaving some 40,000 passengers who had made bookings out of pocket. The Isle of Man government lost £1.5m as a consequence of the Ronaldsway-based airline’s demise.
Further details of the CJS administration are expected to come to light as a consequence of the compulsory liquidation of the business, approved in the High Court on November 25, 2009.
The petition for the winding up of CJS came from an unsecured creditor, Guernsey-based Corporate Aircraft Leasing Ltd (Call), which half-owned by HBOS and half-owned by Channel Islands-based Exxtor Aviation Group. Call is understood to be owed £324,000 by CJS in unpaid leasing fees.
Lloyds insiders said that Truett Tate, who last year earned £1.8m as Lloyds’ head of wholesale business, is “hopping mad” that, even though it is half-owned by the bank, Call was allowed to push for and secure the liquidation of CJS.
One insider said: “Heads are going to roll [inside Lloyds] because of this. The big bosses are demanding to know how this was allowed to happen.”
Elliot Green, of Slough-based accountants and solicitors Oury Clark, was appointed as CJS’s liquidator on March 1. A forensic liquidator, he has a reputation as a “bulldog” who leaves no stone unturned in pursuit of creditors’ cash.
Green has a track record of using litigation to ensure that creditors retrieve their cash. He is understood to be reviewing the 2007 CJS administration to establish whether or not CJS creditors were defrauded.
Green would not comment on the specific case. However commenting generally about compulsory liquidations on LinkedIn, he says:
“When defrauded by serial debtors who have engaged in transactions to defeat creditors, I will engage the transactional avoidance provisions in the insolvency legislation to return money to creditors.”
The CJS liquidation is expected to shed some light on systemic irregularities within HBOS’s corporate department, which are currently being investigated by an enforcement team from the FSA.
The regulator wants to establish why the bank forced some 50 customer firms to use the services of Mill’s self-styled turnaround consultancy, Quayside Corporate Services. An FSA spokesman declined to comment. A spokesman for Lloyds Banking Group said: “We cannot comment on individual circumstances.”
At the time of its collapse, CJS’s main subsidiaries were Club 328, which provided private jets for celebrities, maintenance group Jet Engineering Technical Support (Jets), Isle of Man-based carrier Euromanx, and some of the German assets of Avcraft Aerospace.
- An edited version of this article was published in The Sunday Times on June 27th, 2010







