Paul
Wright

Notable cases include:

• Acting for the trustees in bankruptcy on the bankrupt’s appeal of ICC Judge Prentis’s decision ([2023] EWHC 341 (Ch)) to refuse her request to stay her bankruptcy pending the determination of a claim made by a creditor (Olena Tyshchenko, Re [2024] EWHC 838 (Ch)). Led by Peter Shaw KC.
• Acting for US Chapter 11 Trustee seeking recognition of his appointment and disclosure of a litigation file held by the bankrupt’s former solicitors in the UK. Disclosure was opposed by another of the solicitors’ clients on the basis that the file was subject to their joint privilege. This case recognises, for the first time, that a third party’s right to assert privilege does not restrict a trustee’s right to obtain material under the Insolvency Act 1986 where such privilege is held jointly with the bankrupt. Despins v Ho Wan Kwok [2023] EWHC 74 (Ch).
• Acting for a litigation funder on the appeal from a decision to limit relief granted in insolvency litigation to the amount required to pay the liquidation debts, costs and expenses where the claim (P G D Ltd, Re [2022] EWHC 1801 (Ch)). Led by Joseph Curl KC.

Recent work includes:

• A claim for possession and sale of the multi-million-pound home of a bankrupt, led by Peter Shaw KC.
• An application to suspend a bankrupt’s discharge from bankruptcy on account of failures to provide sufficient information about her affairs.
• Opposing a winding up petition where the debtor company alleged that the petitioner had been part of an unlawful means conspiracy to deprive it of business.
• An application for the court to fix the basis of a liquidator’s remuneration after the 18-month period for doing so had expired.
• A claim to set aside two transfers of real property by a company to the mother of a shadow director on the basis that they were transactions at undervalues or otherwise preferences.
• Advising in relation to a claim against co-directors where the CEO of a company had been the subject of a private prosecution for fraud.
• Applications to extend the administration of a group of companies to enable the implementation of a complex restructuring by way of company voluntary arrangement.
• Opposing an application by a bankrupt to set aside the Secretary of State’s decision to appoint trustees in bankruptcy.
• An application for directions from the court as to whether insolvency set-off applied to costs orders (granted in favour of various clients of the law firm in liquidation).
• A claim to challenge payments to company directors using a FURBS and EBT tax avoidance schemes.
• Numerous claims to challenge the payment of unlawful dividends as breaches of directors’ duties.
• A claim to recover sums paid away by a company as part of MTIC fraud from the director for breach of their directors’ duties.

Recent cases include:

• Advising in relation to a claim against co-directors where the CEO of a company had been the subject of a private prosecution for fraud.
• A claim to enforce the terms of a settlement agreement – opposing a defence that, by allowing time to pay the settlement sums, the settlement agreement constituted an unenforceable credit agreement under the Consumer Credit Act 1972.
• A claim requiring a lender to marshal their securities or allow a fellow lender to be subrogated to their security in the alternative.
• Summary judgment on a claim against a director for procuring the company’s breach of contract.
• A claim to declare as void various secured loans obtained by forgery as part of a multi-million-pound mortgage fraud.
• Opposing a lender’s claim to be subrogated to an earlier charge in circumstances in which its own charge was declared void having been procured by fraud.

Recent cases include:

• Opposing a claim by a co-director for a contribution in respect of their own liability to the company for having misappropriated its funds in breach of their directors’ duties.
• An unfair prejudice petition where a shareholder had set up a new entity allegedly in competition to the existing company. Led by Peter Shaw KC.

Recent cases include:

• Opposing a claim seeking the grant of a new lease of commercial premises on the basis of an intention to redevelop the land pursuant to section 30(1)(f) of the Landlord and Tenant Act 1954.
• A claim to exercise the right to collective enfranchisement under the Leasehold Reform, Housing and Urban Development Act 1993 in circumstances in which one of the freeholders could not be traced.

Recent cases include:

• A claim under the Inheritance Act Claim seeking a provision for an infant child of the deceased.
• Opposing a claim for proprietary estoppel in relation to a substantial farm worth over £10 million brought by eldest son of the deceased.

• Contributing editor, Insolvency Legislation: Annotations & Commentary (Professor Andrew Keay, Louis Doyle KC & Joseph Curl KC (eds)) LexisNexis 12th Edition (ISBN 9781784735166)
• Member of the Restructuring and Insolvency Q&A panel for LexisPSL
• Court considers officeholder’s right to inspect documents subject to privilege held jointly with third-parties (Despins v Kwok), LexisPSL [Link] £
• Insolvency litigation and funding—can the court limit relief to the amount required to place the company ‘on the cusp’ of solvency? (Re P G D Ltd) LexisPSL [Link] £
• High Court doubts the established practice for issuing claims arising out of insolvency (Manolete v Hayward and Barrett Holdings) LexisPSL [Link] £
• Chapelgate Credit Opportunity Master Fund v Money [2020] EWCA Civ 246 (2021) 18(2) International Corporate Rescue
• Derivative Claims and Insolvent Companies: Getting to the Core of the Issue (2020) 17(1) International Corporate Rescue 67 [view PDF]
• Court of Appeal revisits principles governing restoration of formerly liquidated companies (Fakhry v Pagden) LexisPSL [Link] £
• Court finds EBT schemes amounted to an unlawful return of capital and breach of directors’ duties (Toone and others v Ross and another) LexisPSL [Link] £
• Extra-territorial Effect of Orders under Section 366 of the Insolvency Act 1986 (2019) 16(5) International Corporate Rescue 305 [view PDF]
• Clarification of the law and practice of fraudulent trading claims (2019) 4 Corporate Rescue and Insolvency 129 [view PDF]
• Turning a blind-eye fails to protect director from fraudulent trading claim (Re Pantiles Investments Ltd (in liquidation)), Lexis PSL (Link) (£)
• Validation of an order for restoration without a notice to former liquidators (Re Core VCT plc (in liquidation)), Lexis PSL (Link) (£)
• Under what circumstances can a freezing injunction be granted to a company that has been dissolved? (Yuzu Hair & Beauty Ltd (dissolved) v Selvathiraviam), Lexis PSL (Link) (£)
• Transactions Defrauding Creditors: A New Approach to the Prohibited Purpose Requirement under section 423 of the Insolvency Act 1986 (2019) 16(2) International Corporate Rescue 91