Ryan Hocking

Areas of expertise

• Commercial litigation

  Commercial litigation

  Ryan is instructed across a wide range of commercial disputes, as both sole and junior counsel.  Ryan also acts in cases with an international element, having significant experience of jurisdictional disputes, without notice injunctions, and other forms of interlocutory relief in this context.

  Ryan’s caseload includes contractual disputes, civil fraud, unjust enrichment, and partnership, LLP and shareholder disputes.  This often intersects with his work in other areas, such as financial regulation and professional negligence.  Ryan’s specialist insolvency and company law practice is often a particularly useful asset.

  Recent cases include:

  • Cavendish Square Holding BV v Talal El Makdessi and ParkingEye v Beavis [2015] UKSC 67: Ryan was led by John de Waal QC and David Lewis, acting pro bono for the Appellant Mr Beavis. This landmark case was the first authoritative review of the law of penalties since Dunlop Pneumatic Tyre Co Ltd v New Garage & Motor Co Ltd [1915] AC 847 decided almost exactly 100 years before.
  • Sempacher Foundation v Lark Services Inc and Ors: during his secondment to Appleby Global in the British Virgin Islands, Ryan was led by Andrew Willins in this extremely complex company dispute concerning bearer shares in a BVI company. Ryan appeared as sole council at interim hearings, and conducted portions of the advocacy at trial (including all cross-examination and submissions relating to Swiss law).
  • Ryan advised in relation to a dispute with a value of c. £1.7m concerning an allegedly frustrated lease of a number of aircraft.
  • Ryan presently acts in unfair prejudice proceedings relating to a restaurant business, including issues of share valuation, misappropriation of company assets, and interim injunctive relief.
  • Ryan is currently advising in relation to a complex, multi-million pound dispute relating to the supply of a fleet of vehicles.
  • Re Hallam Estates Ltd: Ryan continues to act in this long-running dispute centring on a company which owns the freehold of an historic mixed-use building. So far, this matter has touched on director misfeasance, shareholder rights, bankruptcy, and company administration – all against the background of the levying of service charges.
  • Shepherd Neame Limited v Wells: Ryan acted as sole counsel throughout these fraud proceedings involving the misappropriation of approximately £900,000 over an extended period of time, from obtaining a without-notice freezing injunction through to enforcement.
  • Chowdhary Ltd v Tossed and McKevitt: Ryan was led by Brie Stevens-Hoare QC for the Claimant in this civil fraud claim brought by an insolvent company against a high street food retailer and its director following entry into a franchise agreement.
• Insolvency & restructuring
  • Corporate insolvency

    Corporate insolvency

    Ryan accepts instructions in a range of corporate insolvency matters, with experience of acting for insolvency practitioners, directors, creditors, and debtor companies.  His work in this area includes cases concerning antecedent transactions, misfeasance, injunctions to restrain presentation and/or advertisement of winding up petitions, rescission, and disputed winding up petitions.

    Ryan also has significant experience of insolvency litigation in an offshore context, having been seconded to Appleby Global in the British Virgin Islands for 6 months and undertaken work in a number of other offshore jurisdictions since returning to full-time private practice.

    Ryan edited the Meetings and Decision Making and International Insolvency chapters in the corporate insolvency volume of the current edition of Atkins Court Forms.

    Recent cases include:

    • Re PVE Capital LLP: Ryan acts for the liquidators of a hedge fund in relation to a disputed proof of debt with a quantum of over £2m.
    • Re Hallam Estates Ltd: Ryan continues to act in this long-running dispute centring on a company which owns the freehold of an historic mixed-use building. So far, this matter has touched on director misfeasance, shareholder rights, bankruptcy, and company administration – all against the background of the levying of service charges.
    • Re Midland Acres Ltd: Ryan advised and conducted drafting in relation to a disputed proof of debt with a quantum of approximately US $14m.
    • Advising a former director on a novel point of law in relation to limitation periods for transactions defrauding creditors under s.423 of the Insolvency Act 1986.
  • Personal insolvency

    Personal insolvency

    Ryan has extensive experience of bankruptcy and personal insolvency matters, most often representing Trustees in Bankruptcy.  His caseload includes antecedent transactions, enforcement of bankrupts’ statutory obligations, and proceedings to realise assets in the bankruptcy estate – including issues of beneficial ownership and the equity of exoneration.  Ryan also represents bankrupts and interested parties in matters arising from personal insolvency, in which context his work acting for office-holders provides valuable strategic insight.  Ryan has also advised in relation to cross-border bankruptcies and foreign courts invoking the assistance of the English courts in relation to their own insolvency proceedings.

    Recent cases include:

    • (1) Cook and Needham (2) Iqbal v (1) HMRC (2) Official Receiver [2017] BPIR 1468: Ryan represented the Trustees in Bankruptcy in their application for suspension of the Bankrupt’s discharge, heard together with the Bankrupt’s application to annul the bankruptcy. Annulment was granted and a substantial costs order was made in the Trustees’ favour against HMRC.
    • Prestige Automobiles Ltd v Sutton (unreported): opposing an application to set aside a statutory demand for over USD500,000 on behalf of the petitioning creditor – a Hong Kong registered company.
    • Opposing a Trustee in Bankruptcy’s application for possession and sale of the Bankrupt’s home, acting on behalf of the Bankrupt’s partner. The case involves issues relating to beneficial and constructive trusts, the proper apportionment of mortgage debt, and the equity of exoneration.
• Professional liability
  • Financial professionals, insolvency professionals, directors & officers

    Financial professionals, insolvency professionals, directors & officers

    Ryan has experience of claims against accountants and financial advisers (including claims brought under the Financial Services and Markets Act 2000), as well as misfeasance claims against directors.  This experience includes allegations of: mis-sale of investment products, negligent advice relating to tax mitigation schemes, and negligent tax advice in relation to substantial transactions.

  • Legal professionals

    Legal professionals

    Ryan accepts instructions from both claimants and defendants in professional negligence cases, though he is predominantly instructed by insurers and their panel firms.  His experience includes claims against conveyancing solicitors (involving a range of property law issues), alleged negligence in litigation, quasi-legal advice from accountants, and applications for wasted costs.

    Recent cases include:

    • Drafting statements of case on behalf of insurers in a number of claims for loss of a chance arising from failed personal injury litigation.
    • Advising on merits and assisting in negotiating settlement in relation to a conveyance in which the purchasers had not been informed of a developer’s right to construct a bin store adjacent to the subject property.
    • Application for wasted costs against solicitors who had purported to act on behalf of a claimant who had lacked capacity to litigate or act as a witness at all material times.