Call: 2015    
Jon Colclough  
+44 (0) 20 7419 8000

Practice Overview


Jon is a commercial chancery practitioner, who specialises in insolvency and company matters.

 

His recent cases include Azuonye v Kent [2018] EWHC 2766 (Ch) (bankruptcy; income payments orders; provable debts) Evans v Carter [2017] EWHC 2163 (Ch) (unjust enrichment; bankruptcy; the rule in ex parte James); Dinglis v Dinglis [2017] EWHC 2099 (Ch) (directors’ duties; agency; unlawful distributions to shareholders) and Re Somaia [2017] EWHC 2554 (QB) (trusts; tainted gifts under the criminal confiscation regime).

 

Jon previously worked for the Boston Consulting Group and the Financial Conduct Authority. He subsequently re-trained as a barrister and was awarded Lincoln’s Inn 2015 “Student of the Year” for achieving the highest mark in the BPTC.

 

  • Commercial Litigation
    • Jon regularly acts in, and advises on, commercial disputes. Recent instructions include:

       

      • Dinglis v Dinglis [2017] EWHC 2099: a claim brought by a property-owning company against its property-managing agent for an account of money wrongly retained in breach of fiduciary duty (with Mark Hubbard).
      • Bennett v Allen (2017, High Court): a £350,000 claim for sums due pursuant to a disputed novation agreement. Jon successfully obtained summary judgment for the claimant.
      • A £250,000 claim for sums due under an IT contract; and defending a counterclaim for alleged provision of defective services.
      • A £400,000 claim brought against another company formerly within the same group for sums due pursuant to various oral contracts
      • Advising a company on a multimillion-pound commercial loan facility containing “hidden” exit fees arising out of back-to-back derivative contracts entered into by the bank.
      • Advising on contractual liability for VAT arising out of a property transaction which was wrongly thought to be the transfer of a business as a going concern.
      • Defending a claim brought by a bank against a former director for sums supposedly due pursuant to a personal guarantee.

       

  • Company
    • Jon has a busy company law practice and has a particular expertise in relation to petitions brought pursuant to section 994 of the Companies Act 2006. Recent instructions include:

       

      • Dinglis v Dinglis [2017] EWHC 2099: a claim brought by a property-owning company against its former directors for breach of duty in causing its property-managing agent to wrongly retain money in breach of fiduciary duty (with Mark Hubbard).
      • Acting for the majority shareholders of a medium-sized manufacturing company following a section 994 Companies Act 2006 petition brought by a minority shareholder.
      • Advising a minority shareholder as to a potential section 994 Companies Act 2006 petition following the proposed issuance of new shares (and the effective dilution of the minority).
      • Advising on whether payments to a director were distributions made in accordance with Part 23 of the Companies Act 2006.
      • Advising on reductions of capital and schemes of arrangement.

       

  • Insolvency
    • Jon has regularly acts in insolvency matters (both corporate and personal) and has particular expertise in claims against directors for breach of duty / misfeasance, wrongful and fraudulent trading, ultra vires distributions, transactions at an undervalue and preferences. Recent instructions include:

       

      • Azuonye v Kent [2018] EWHC 2766 (Ch): successfully acted for the trustee in bankruptcy who argued that future obligations under an income payments order (section 310 Insolvency Act 1986) are not provable in a subsequent bankruptcy.
      • Evans v Carter [2017] EWHC 2163 (Ch): defending a possession claim brought by a trustee in bankruptcy on the grounds that the bankrupt’s interest in real property had re-vested in her as a result of unjust enrichment and pursuant to the so-called rule in ex parte James.
      • Re S. Simon & Co Limited (2016, High Court): acting for the company’s liquidators in a £12m wrongful trading claim brought against two former directors (assisting James Bailey).
      • Acting for a trustee in bankruptcy in a section 339 Insolvency Act 1986 (transaction at an undervalue) claim against a bankrupt’s spouse.
      • Advising as to potential claims against directors for sums paid into tax schemes, including employee benefit trusts.
      • Acting for a trustee in bankruptcy in a £500,000 claim against a bankrupt’s former business partner pursuant to the so-called Pallant v Morgan equity.
      • Acting for a liquidator in a breach of duty claim against a former director in relation to payments of over £100,000.
      • Advising on the scope of a bankrupt’s privilege following Leeds v Lemos [2017] EWHC 1825 (Ch).
      • Advising a director as to the merits of an intimated claim for breach of fiduciary duty where certain assets of the company were sold to a company of which the director was sole shareholder / director.
      • Advising a trustee in bankruptcy on a £600,000 proof of debt lodged by a liquidator of a company, the debt apparently arising out of a wrongful trading claim the liquidator was considering bringing against the bankrupt.
      • Advising as to the operation of the Insolvent Partnerships Order 1994.
      • Advising as to the vesting of a bankrupt barrister’s book debts; and obtaining an income payments order.

       

  • Regulatory and Business Crime
    • Jon is experienced in regulatory matters. He spent 3 years at the Financial Conduct Authority and, before that, was part of the team project managing the Irish banking recapitalisation programme following the EC/ECB/IMF “bailout”. Recent instructions include:

       

      • Re Somaia [2017] EWHC 2554 (QBD): successfully defending the former wife of a convicted fraudster from a “tainted gift” claim brought by a private prosecutor on the grounds that certain money transferred to the former wife was transferred on trust rather than as a gift (with Nigel Hood).
      • Advising an invoice financing company on the scope of the FCA’s regulatory perimeter.
      • Advising on claims relating to the alleged mis-selling of interest rate swaps.
      • Advising as to the consumer credit regime.
      • Advising a start-up on the scope of the FCA’s regulatory perimeter.

       

  • Additional Information

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