Insolvency
Andrew has a wide-ranging and busy insolvency practice which includes:
- Asset recovery within an insolvency context
- Preferences, transactions at an undervalue and recovery of property subject to trusts
- Wrongful trading and/or misfeasance claims
- Director’s disqualification
- Injunctive relief within an insolvency context
- Implementation, continuation and termination of various insolvency regimes
- Jurisdictional issues;
Although regularly instructed by office-holders, Andrew is just as comfortable acting for those subject, or potentially subject, to insolvency regimes as well as lenders and other creditors. He is regularly instructed on an urgent basis to deal with emerging problems and is happy to collaborate in attempting to find an innovative solution in such situations. He has been described as “robust and to the point. He has a good grasp of difficult concepts” amongst many other plaudits in the legal directories.
Andrew’s experience both as a commercial litigator and in the sphere of property law means that he is well-placed to assist where larger disputes arise in the context of an insolvency. He has vast experience of dealing with property-development insolvencies and the various issues that can arise in relation to chargeholders and other matters.
Andrew also acts in insolvency cases as a member of the Attorney General’s Regional A Panel. He has substantial experience of dealing with public interest winding up petitions, director’s disqualification claims and applications for leave to act as a director following disqualification from both sides of such disputes.
In 2023 Andrew was appointed as a member of the Legal Services Panel of the Government of the Virgin Islands.
He is currently contributing to a book on Director’s Duties.
Insolvency Cases
Andrew’s recent reported cases in an insolvency sphere include:
Hope Capital 2 Ltd v Jones [2024] EWHC 1308 (Ch): successfully resisting an appeal against the entry of summary judgment for over £2.5 million against the Defendant guarantor (represented by two counsel) where various issues were raised about the enforceability and continuing validity of the guarantee relied upon. This followed on from the insolvency of property development companies and the threatened further insolvency of others involved.
Glocin Ltd v Bancibo SE [2022] EWHC 1858 (Ch): conflict of laws (UK/Czech) in relation to contractual liability and the entitlement to commencement insolvency proceedings in the UK.
Borra v Comissioners for Her Majesty’s Revenue & Customs and another [2022] EWHC 1195 (Ch): 3 day trial relating to annulment/alteration of a bankruptcy order and the correct identification of alleged debtor including overseas witnesses appearing via videolink.
The Secretary of State for Business, Energy and Industrial Strategy v Rosenblatt [2016] EWHC 2821 (Ch): 5 day trial seeking disqualification of directors based upon allegations of VAT fraud
Cadlock v Dunn [2015] EWHC 1318 (Ch): appeal on behalf of a trustee in bankruptcy concerning the equity of exoneration in relation to trust property in an insolvency
Andrew’s other recent or ongoing insolvency cases include:
Advising and representing a BVI company in relation to the validity, scope and ranking of its charges over property within the UK and in other jurisdictions.
Appearing against leading counsel in a dispute concerning the sums due to a secured creditor in a complex administration of a development company.
Advising and representing administrators in relation to the rights of various individual purchasers with “fresh-air liens” protected by UN1s and the approach to be taken between secured creditors where parties were spread over more than 20 jurisdictions.
Securing permission for a disqualified director to continue to act in relation to three companies despite having been disqualified for a period within the top bracket.
Successfully recovering an interest in property with a substantial value in a TUV claim.
