Insolvency
Ben is frequently instructed to handle a variety of Insolvency Act matters and applications, in both the personal and corporate insolvency contexts. In particular, Ben has experience of the following applications and general insolvency matters:
- Contested winder and bankruptcy hearings;
- TOLATA claims;
- Applications to set aside statutory demands;
- Applications to vary income payment agreements;
- Applications to annul and/or rescind bankruptcy orders;
- Administration applications and applications to extend the period of administration;
- Applications to permanently stay liquidation;
- Remuneration applications;
- Reviewable transactions (including TUV and preference matters); and
- Applications to challenge CVAs on the grounds of unfair prejudice.
Instructions of particular note in Ben’s insolvency practice include:
- His obtaining of a dismissal of an application to set aside a statutory demand worth £686, 693;
- His involvement in a tri-partite application to annul a bankruptcy order, in which he acted for the Trustees;
- His obtaining of three concurrent bankruptcy orders in a debt claim valued at circa £3.2m;
- His involvement, both by the provision of drafting work and appearances in court, in a CVA challenge application valued at circa £1m, concerning the differential treatment of commercial landlords – where properties had been categorised into differing classes in the CVA. In this matter, Ben was pitted against a silk; and
- His obtaining of an order setting aside a statutory demand stated to be valued at £130,000, by reason of his submissions on the nature of damages in unjust enrichment claims.