Members at all levels of seniority frequently act for creditors, debtors and office-holders. We are also highly experienced in broader litigation where the impact or threat of insolvency is a significant aspect. Our practice is enhanced by our commercial and property expertise which ensures that clients receive comprehensive advice and representation on any insolvency matter.
Members are currently acting on two insolvency cases in The Lawyer’s Top 20 Cases for 2023: the BHS Group litigation resulting from the collapse of the well-known retailer British Home Stores; and the Carillion plc disqualification proceedings against the former directors of the now-defunct multinational.
Members of Chambers have been or are currently appointed to the Attorney General’s A, B and C Panels of Treasury counsel and are regularly instructed by the Insolvency Service, the Secretary of State for Business and Trade, the Official Receiver and HMRC. Members are equally experienced in defending proceedings brought by these public entities.
Members of Selborne Chambers’ expertise in this area extends to:
ADMINISTRATION
ADMINISTRATION
Pursuing and defending administration applications are a central part of our expertise. We deal with the full range of matters arising from an administration, including disputed appointments, extensions, terminations, distributions, inter-creditor disputes, dissolution and office-holders’ applications for directions.
APPEALS AND CHALLENGES AGAINST OFFICE-HOLDERS
APPEALS AND CHALLENGES AGAINST OFFICE-HOLDERS
Members are regularly instructed on challenges made by creditors and other stakeholders who are dissatisfied by actions or decisions taken by office-holders. Our insolvency expertise allows us to give straightforward advice in formulating strategy when such challenges are made or contemplated. We are always mindful of the costs involved in such disputes and act accordingly.
BANKRUPTCY
BANKRUPTCY
We have vast experience of bankruptcy litigation, including contested bankruptcy petitions and contentious matters arising out of the conduct of a bankruptcy estate. We act frequently for both trustees in bankruptcy and individuals on matters such as possession and sale of bankrupts’ homes, pre-bankruptcy transactions, income payment orders, suspension of discharges and applications to obtain information from bankrupts. Members also act in disputes between a trustee a bankruptcy and a bankrupt’s spouse or civil partner, such as in relation to beneficial ownership of the family or matrimonial home, the equity of exoneration and home rights.
COMPANY AND INDIVIDUAL VOLUNTARY ARRANGEMENTS
COMPANY AND INDIVIDUAL VOLUNTARY ARRANGEMENTS
We regularly deal with challenges brought by creditors against CVAs and IVAs and arguments over the validity of creditors’ claims. We have a strong track record in dealing with trust and property issues arising out of voluntary arrangements, and the defaults and breaches that commonly occur.
COMPULSORY AND VOLUNTARY WINDING-UP
COMPULSORY AND VOLUNTARY WINDING-UP
We are frequently instructed on winding-up petitions. Members make regular appearances in the winding-up list in the Rolls Building in London and beyond. Our experience includes pursuing or defending complex and contested winding-up petitions, which often involve issues of solvency, disputed debts, abuse of process and COMI disputes.
CROSS-BORDER INSOLVENCY
CROSS-BORDER INSOLVENCY
Members at all levels of seniority are instructed on disputes under the retained EU Insolvency Regulation, the Cross-Border Insolvency Regulations 2006 and the UNCITRAL Model Law. Our work extends to COMI disputes, office-holder recognition applications, moratoriums, English proceedings in support of foreign insolvencies and the enforcement of foreign insolvencies in the English courts. We regularly advise and represent foreign creditors, office-holders and other stakeholders who require remedies or protection in the English courts.
DIRECTORS DISQUALIFICATION
DIRECTORS DISQUALIFICATION
We are regularly instructed to pursue or defend directors in disqualification proceedings in London and around the country. Our expertise also extends to applications made by disqualified directors for permission to act. Members’ experience on the Attorney General’s A, B and C Panels of Treasury counsel ensures that clients receive unparalleled advice and representation.
INJUNCTIONS AGAINST PRESENTATION OR ADVERTISEMENT
INJUNCTIONS AGAINST PRESENTATION OR ADVERTISEMENT
Acting and advising urgently on applications for injunctions against the presentation or advertisement of winding-up petitions is a key part of our insolvency expertise. Members can and frequently do appear in the Business and Property Courts on such matters. Chambers has the breadth and depth of experience necessary to assist in drafting, advice and representation within challenging timeframes.
INQUIRIES AND INVESTIGATIONS
INQUIRIES AND INVESTIGATIONS
We understand that office-holders often encounter difficulties when trying to obtain information pertaining to an insolvent individual or company. We are frequently asked to advise office-holders and solicitors in their inquiries into potential past misconduct. Our members are highly experienced in pursuing or defending applications for the delivery up of books and records, private and public examinations, and the obtaining of information from third parties.
LIQUIDATION
LIQUIDATION
In addition to members’ vast experience of winding-up petitions, members deal with the full range of matters arising out of the conduct of a liquidation. These include the obtaining of information from officers and third parties, claims against directors, disputed proofs of debt and contested appointments of liquidators.
LITIGATION FUNDERS
LITIGATION FUNDERS
Litigation funding has become a commonplace phenomenon in insolvency and our members are regularly sought out by litigation funders to provide clear advice on prospects and strategy. We understand that litigation funders value pragmatism and commerciality, and we tailor our advice and representation accordingly to ensure that litigation funders achieve the best chances of recovery on a cost-effective basis.
MISFEASANCE
MISFEASANCE
Members at all levels of seniority in Chambers are highly experienced in pursuing or defending directors in misfeasance claims and proceedings for breach of statutory and fiduciary duties. We appear regularly in the Business and Property Courts on such matters, including claims with a heavy emphasis on financial and accounting analyses. We understand the reputational risks for directors and the costs concerns of all parties and act accordingly.
PARTNERSHIP INSOLVENCY
PARTNERSHIP INSOLVENCY
We are frequently instructed to act in relation to insolvent unlimited partnerships and limited liability partnerships. We appreciate the complex relationships and property issues at stake in these situations and our advice and representation is tailored to that end. Our services are also supplemented by our complementary experience in company and partnership law, in which we are widely recognised for our expertise.
PROPERTY ISSUES ON INSOLVENCY
PROPERTY ISSUES ON INSOLVENCY
Our expertise includes advising and acting on property disputes which frequently arise in the context of insolvency. Members regularly deal with disputes over beneficial ownership, applications for possession and sale, claims by secured creditors, and the tracing and recovery of missing or misappropriated property of insolvent companies and individuals. We are widely recognised as a leading set in property law and can bring our industry-leading expertise to any property dispute in insolvency.
PROVISIONAL LIQUIDATION
PROVISIONAL LIQUIDATION
We have significant experience in appearing on, and drafting, urgent applications to appoint provisional liquidators. We understand that such applications are usually time-sensitive, and our experience allows us to act swiftly in order to minimise the risk of assets being dissipated and maximise recoveries for creditors and office-holders.
PUBLIC INTEREST WINDING-UP
PUBLIC INTEREST WINDING-UP
We act frequently in the Business and Property Courts on public interest winding-up petitions presented against companies, and we are equally experienced defending companies in such situations. With our experience on the Attorney General’s A, B and C Panels of Treasury counsel, we are able to provide expert advice and representation in such disputes.
RESTRUCTURING
RESTRUCTURING
Our members provide advice and representation in the full range of restructuring situations. These include voluntary arrangements, schemes of arrangements, moratoriums, restructuring plans, cross-class cram-downs and English proceedings in support of foreign restructurings. We appreciate the commercial and reputational stakes involved and our advice is tailored with a view to achieving a better result for creditors, debtors, office-holders and other stakeholders.
STATUTORY DEMANDS
STATUTORY DEMANDS
Our members’ expertise includes pursuing and defending companies and individuals who are made the subject of a statutory demand. We are regularly instructed on applications to set aside statutory demands in relation to individuals, and in relation to companies, urgent applications to restrain presentation or advertisement of winding-up petitions. We understand the need to act swiftly when disputes arise under a statutory demand, and our experience enables us to provide practical and commercial assistance within strict timeframes.
TRANSACTION AVOIDANCE CLAIMS
TRANSACTION AVOIDANCE CLAIMS
Pursuing or defending claims to avoid or set aside pre-insolvency transactions, such as transactions at an undervalue, preferences, and transactions defrauding creditors, fall squarely within our insolvency expertise. Our members have in-depth experience in acting for office-holders, directors and third parties, in both litigation and ADR. We are also regularly asked to provide advice on prospects and strategy, including in relation to assigned insolvency claims, and work regularly with litigation funders in this regard.
UNLAWFUL DIVIDENDS AND DISTRIBUTIONS IN SPECIE
UNLAWFUL DIVIDENDS AND DISTRIBUTIONS IN SPECIE
We have significant experience in pursuing and defending claims for unlawful dividends and distributions in specie, which often involve detailed consideration of accounts and financial information. Our members have in-depth expertise in dealing with contested valuations and expert reports and regularly provide advice and representation in such situations.
VALIDATION ORDER APPLICATIONS
VALIDATION ORDER APPLICATIONS
Applications for validation orders can be onerous, both in terms of the degree of detail required and the need to give the court the necessary level of confidence to make such orders. We deal with validation applications frequently in our insolvency practice and can provide urgent assistance in drafting, advice and representation in the Business and Property Courts within tight timescales.
WRONGFUL TRADING AND FRAUDULENT TRADING
WRONGFUL TRADING AND FRAUDULENT TRADING
We provide representation and advice in situations where directors are alleged to have carried on a company’s business in an improper or fraudulent manner or for an improper amount of time. Such claims often involve close examination of accounts and financial information, and members have the necessary expertise to scrutinise such information in order to achieve best results for clients. We also have significant ADR and mediation experience in such matters with which we can help resolve disputes on a cost-effective basis.
Instructing Our Barristers
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Complete a formPaul Bunting on +44 (0)7971 843 023 or Darren Madle on +44 (0)7769 714 399.
