Insolvency

 

“'Fast becoming the go-to set for insolvency work at the junior end', with barristers who have particular expertise in offshore insolvency but also regularly handle domestic corporate and personal insolvencies.”

The Legal 500 UK Bar 2021

 

From leading counsel to our most junior tenant, Chambers has members at every level with expertise in all aspects of corporate and personal insolvency, including petitions, antecedent recovery claims and procedural matters. Members act for companies and their directors, debtors, creditors, and insolvency practitioners. Chambers also has considerable experience of director’s disqualification, with members acting for the Secretary of State and directors.

Recent cases include the line of authority as to service of insolvency applications where the limitation period has expired (Re Kelcrown Homes Ltd and Re HS Works Ltd, culminating in the Court of Appeal’s decision in Re Ide), Re Moorcourt Holdings Limited, Goldtrail Travel Ltd v Aydin, Re Beppler & Jacobson Ltd, and Re Husky Group Ltd.

Many of the insolvency matters dealt with by members of Chambers have international and cross-border aspects. Chambers' offshore presence and expertise is particularly invaluable in this respect. Further, our members’ experience in civil fraud and trusts law is often of great utility in insolvency matters. For example, members of Chambers have been involved in the obtaining of evidence overseas and the restraining of the disposition of assets located worldwide.  

 

Corporate insolvency

Members of Chambers are able to assist clients from the first hearing of a winding-up petition in the general list in the Rolls Building, to defending multi-million pound antecedent recovery cases 

With respect to contentious matters, we are regularly instructed to advise on and act on winding-up petitions (including public interest winding-up petitions), rescission applications, administration applications, administrative and other receiverships, partnership insolvencies, and claims involving allegations of breaches of directors duties, transactions at undervalue, preferences, and wrongful and fraudulent trading. Our members are innately familiar with the novel requirements and consequences of the Corporate Insolvency and Governance Act 2020 and Finance Act 2020.

We can also advise in respect of non-contentious insolvency and restructuring matters, including CVL and CVA, and section 110 Insolvency Act 1986 demergers. 

 

Personal insolvency

Our members act and appear in matters concerning bankruptcy petitions, annulment applications, applications for orders for possession and sale, and claims involving allegations of transactions at undervalue and preferences.

 

Director’s disqualification

Members of Chambers are instructed to act on behalf of the Secretary of State and directors in contested disqualification proceedings, and leave applications.