Insolvency
Ian in an insolvency specialist. He is regularly instructed in the following areas:
- transaction at an undervalue, preference and misfeasance pleadings and trials
- applications to set aside statutory demands and contested bankruptcy petitions
- applications to prevent the presentation of winding up petitions, or their advertisement, and contested winding up petitions
- remuneration applications
- interim and final applications to suspend discharge from bankruptcy
- advising on and appearing in director’s disqualification proceedings and BROs
- Company restorations, combined with appointment/reappointments of liquidators or administrators
Ian regularly appears in the Chancery Applications List on urgent and contested applications, where his experience also includes applications to restrain presentation and advertisement of winding up petitions, administration applications, and applications of a technical nature.
Cases
Edwards v Aurora Leasing Ltd & Anor [2021] EWHC 96 (Ch). An application concerning the meaning of ‘value’ in s.284(4)(a) IA 86, and whether this was to be considered from the point of view of the recipient of the potentially void transaction or the debtor.
Duffy & Anor v MJF Pension Trustees Ltd & Ors [2020] EWHC 1835 (Ch). A company raised funds from investors to build out a property with the investors to be granted leases of individual rooms within the property on completion. The build out failed and administrators were appointed. Acting for the administrators on an application to sell free of the investors’ secured interest.
Tailby , Re TPS Investments (UK) Ltd [2020] EWHC 1135 (Ch). An administration application in which HHJ Hodge QC provided guidance on what documents are to be included in electronic bundles for use at short applications.
MKG Convenience Ltd, Re [2020] EWHC 547 (Ch). An application for strike out for failure to comply with disclosure in a £multi-million misfeasance claim arising from the liquidation of a chain of grocery stores.
Gwinnutt v George & Anor [2019] EWCA Civ 656. Appeared as a led junior in the Court of Appeal. The issue was whether debts due to a barrister on an honorarium basis fell within that barrister’s bankruptcy estate.
Currie v Thornley & Anor [2019] EWHC 172 (Ch). Acting for the liquidator of an MVL seeking payment of over £1m pursuant to a Deed of Tax Indemnity entered into between the liquidator and the former director/shareholders of the Company at the time of the Company entering into MVL in 2010. The issues were whether the Deed was apt to cover a debt due to HMRC following the introduction of Accelerated Payment Notices by the Finance Act 2014.
Williams and another v Broadoak Private Finance Ltd and others [2018] EWHC 1107 (Ch). An application under para 71 of Sch B1 to the Insolvency Act 1986, seeking the court’s permission to dispose of certain freehold land that was the subject of various competing security interests, as if was not subject to them, together with an order as to the application of the sale proceedings.
Re Pappy [2018] BPIR 1451. A claim for preference where a director of two companies had transferred a debt due to him from Company A, which was insolvent, to Company B, which was able to pay, in consideration for an adjustment to the inter-company indebtedness between Company A and Company B.
Re Flexi Containers Ltd; Breese v (liquidator of Flexi Containers Ltd) v Hiley (by her litigation friend Hiley) and others [2018] EWHC 12 (Ch). Successfully representing the Applicant liquidator in a factually complex claim involving multiple back-dated documents for transaction at an undervalue and preference.
JCAM Commercial Real Estate Property XV Ltd v Davis Haulage Ltd [2018] 1 WLR 24. Instructed to appear on behalf of a Company that had ‘chained’ four Notice of Intention to Appoint Administrators before entering a CVA. The issue was whether the NoIs were abusive and should be removed from the Court file. The Company entered administration before the appeal was heard.
Green v Wright [2017] EWCA Civ 111 Appeared alone in the Court of Appeal on the issue of the construction of R3’s standard IVA terms, and the effect that issuing a completion certificate had on the obligations on a former supervisor when further funds came to light.
Re Sports Management Group Ltd (in Liquidation); Green (as liquidator of Sports Management Group Ltd) v Marston and another [2016] All ER (D) 208 (May). A misfeasance claim that turned on demonstrating that an individual had been a de facto director.
Hedger (Liquidator of Pro4sport Ltd) v Adams [2015] EWHC 2540 (Ch). Successfully representing the Respondent director to a misfeasance claim. The central allegation was that a transaction selling the Company’s assets to an associated company that provided for deferred consideration but did not provide for security should not have been entered into. Consideration was also given to the ability to bring Companies Act claims within insolvency proceedings by way of Form 7.1a.
Utilise TDS Limited v Davies & Bolton College (reported as Denton v TH White Ltd and other appeals) [2014] EWCA Civ 906. Led by David Mohyuddin in the Court of Appeal. The leading case following Mitchell as to how applications for relief from sanction should be decided.
Utilise TDS Limited v Davies & Bolton College [2014] EWHC 834 (Ch) An application for relief from sanction, representing the successful Respondent, prior to it being overturned, in a first appeal in the High Court.
