What have the team been up to?
Jonathan Titmuss has spent much of his time recently assisting a bank in Nigeria in recovering monies lost as a consequence of a fraudulent scheme to purchase cargo planes.
Sarah McCann presented a seminar on key issues in Construction Insolvency to the Society of Construction Lawyers and is currently before the Court of Appeal of Gibraltar in an appeal concerning amongst other issues the correct application of the test for insolvency in the context of an insurance company.
Sarah Clarke has been advising administrators in respect of price fixing proceedings in the Competition Appeals Tribunal and litigation funding arrangements, following the PACCAR decision.
Philipp Simon worked on two insolvency matters with an international connotation. One where English clients are battling it out with a Luxembourgish administrator in the Courts of Luxembourg and one where English creditors are pursuing a suspect bankrupt in Germany.
Charles Raffin has been working on a number of offshore insolvency disputes and disputes with an insolvency angle. These include advising a Fund and former investors in, variously, claims against former trustees, banks and administrators, as well as advising/acting in connection with sets of just and equitable winding up and derivative proceedings.
In the coming weeks, Phillip Patterson will be advising an individual accused of dishonest assistance in a high-value breach of trust by the administrators of a funeral plan savings company, acting for a trustee in bankruptcy in a section 366 application against a bankrupt and contesting a security for costs application in a complex and wide-ranging breach of duty claim against a company director, as well as a series of ongoing pieces of litigation for office-holders.
Ryan Hocking appeared for a Respondent to a proprietary injunction application brought by a Trustee in Bankruptcy which threw up some interesting points about the nature of a trustee’s claim in relation to antecedent transactions. He also delivered a talk about restructuring plans to the R3 Eastern Forum, before converting the same talk into doggerel verse for something called ‘Battle of the Bar’.
Katrina Mather has had a busy month advising on numerous cases involving breaches of directors duties and the prospect of overturning a long line of authorities affecting creditors who receive money from a company subject to a winding up petition before the petition was advertised. Watch this space!
James Shaw’s summer was spent on civil fraud and directors disputes, injunctions to restrain WUPs, and grappling with privilege. ‘Highlights’ (in the loosest sense) include fighting a security for costs application in a representative action brought in relation to 700+ investment vehicles against directors for breaches of fiduciary duty (and others for knowing receipt/dishonest assistance), striking out some claims which had in fact been compromised by a CVA, plus some time away in the sun to balance things out.
Rob Hammond has been drafting funded claims for unlawful dividends/breach of fiduciary duty in the High Court; amending an unfair prejudice petition after R’s insolvency, to include knowing receipt and dishonest assistance claims against further Rs; and advising on the question of permission/consent to claim against Ds subject to foreign administration orders.