White Forum Chambers logo

Overview

Practice Areas

Insolvency

Forum barristers cover all aspects of corporate and personal insolvency litigation offering expert analysis and advocacy to office holders, debtors, creditors and directors.

From winding up petitions to complex claims relating to antecedent transactions and misfeasance to directors’ disqualifications, Forum can provide a specialist legal team with the necessary experience to make a real difference to the outcome of any proposed or on-going insolvency litigation.

Insolvency Areas of Expertise

Forum barristers have a wide range of experience of advising and acting in all manner of personal insolvency matters.

We frequently act for both creditors and debtors on time-sensitive applications to set aside statutory demands and on bankruptcy petitions.

We also advise on claims to set aside transactions at an undervalue, preferences and transactions defrauding creditors.

In addition, our team can advise on individual voluntary arrangements and bankruptcy restriction orders.

Forum barristers have a wide range of experience of advising and acting in all manner of corporate insolvency and restructuring matters.

Our team frequently act for administrators and liquidators in claims to recover company assets, with substantial experience dealing with:

  • claims against trade debtors
  • Insolvency Act claims to reverse preferences, transactions at an undervalue and transactions defrauding creditors
  • claims against directors concerning breach of duty and misappropriation of assets, and to recover loan accounts or unlawful dividends
  • claims concerning allegations of fraudulent trading and wrongful trading
  • Misfeasance Claims
  • Directors Disqualification
  • Section 423 Applications 
  • Berkeley Applegate Applications 

 

Where necessary we can assist with issues of asset tracing and recovery. We also act for office holders (including nominees of voluntary arrangements) in creditor’s challenges concerning appointment, conduct and remuneration.

Our barristers also advise directors on their rights and responsibilities arising out of insolvency events and restructuring plans, including cross-border mergers. We have substantial experience across a range of industries, from financial services to hospitality, pensions to property and construction.

We frequently assist with applications to procure the assignment of claims from office holders, and applications to continue acting as a director notwithstanding disqualification under the Company Directors Disqualification Act 1986.

In addition, our members frequently act for creditors and companies in winding up petitions and injunctions to restrain the presentation or advertisement of a winding up petition.

Insolvency Cases

  • Re Carillion Qatar LLC (2018): Advising Carillion Qatar LLC on business restructuring following the high profile collapse of Carillion PLC.
  • The Carlauren Group (2019): Advising and representing the joint administrator in the collapse of the hotel and luxury care home investment group, which raised £75 million from private investors for the development and operation of care homes and hotels. The case has received widespread national media attention, in particular in the BBC and the Guardian.The administrations are continuing.
  • Re M (2019-2020): Advising the director and shareholder of a property development business, placed into solvent administration with in excess of £40 million of assets. Advised on issues relating to conduct of the administration and the remuneration of the administrators.
  • Northern Powerhouse Developments Limited and the MBi Group (2018-2022): Advising and representing the joint administrators in the 2019 collapse of the insolvent hotel and care home investment businesses, Northern Powerhouse Developments Limited (“NPD”) and associated companies in the MBi Group of companies. NPD and MBi were businesses under the control of Gavin Woodhouse, which raised over £70 million investment from approximately 600 retail investors in the UK and overseas for the construction, refurbishment and operation of care homes and hotels. Investors’ monies were primarily obtained through selling individual rooms in care homes and hotels, in a process known as “unitised sales” or “fractional ownership”. The matter has received widespread national media attention, following an investigation by ITN and the Guardian into Northern Powerhouse Developments and Mr Woodhouse’s investment activities.
  • AFM (1932) Limited & Ors v Belisco Estates Ltd [2021] EWHC 3460 (Ch).
  • (1) Dormco Sica (In liquidation) (2) Richard Howarth Toone (3) Robert Neil Starkins(4) Adrian Paul Dante( in their capacity as joint liquidators of Dormco Sica Limited( In liquidation)) and SBL Carston Limited and (1) Kenneth Munn (2) Ruth Munn. [2021] EWHC 3209 (Ch). Acting on behalf of the respondent to a claim under section 423 Insolvency Act, David McIlroy was successful in a contribution claim against the main shareholders of accountancy practice. The judge found that the transaction had been designed by the principal director to leave the creditors of the company high and dry, whilst lining his own pocket. The judge held that the shareholders were liable to contribute for the full value of the goodwill which was sold for £1, a sum yet to be quantified but expected to be in excess of £2 million.
  • Manolete Partners Plc v Alex Hope and Liam Jones. Acting on behalf of the Claimant in a claim for the repayment of unlawful dividends and transactions at an undervalue, Philip Currie secured judgment against the Respondents in an oral judgment delivered at the end of a 4-day trial. The unlawful dividends were declared by the Respondents as directors without interim accounts by which they could be justified, while the transaction at an undervalue claim concerned the receipt of funds from the Company which ought to have been paid by the Buyers under a share purchase agreement. Of particular interest, the court agreed that the interpretation of the shareholders’ knowledge requirement for the repayment of unlawful dividends in s.847 of the Companies Act 2006 (as explained by reference to EU law in It’s a Wrap (UK) Ltd (In Liquidation) v Gula [2006] EWCA Civ 544) was not altered by Brexit or the European Union (Withdrawal) Act 2018. Philip was instructed by Squire Patton Boggs, funded by Manolete. This judgment was handed down orally by Judge Prentis so there is no written judgment.
  • (1) Elliot Harry Green (as liquidator of Brookmann Home Limited) (2) Brookman Home Limited and (1) Charles Johnson (2) Myron Mann. [2021] EWHC 2610 (Ch).
  • Isobel Susan Brett as Liquidator of Care Community Limited and (1) Mr Mohamed Hussein (2) Mrs Saima Adam.  [2020] EWHC 3360 (Ch).
  • (1) Stephen John Hunt (as the Liquidator of Wow Internet Limited) (2) Wow Internet Limited (in creditors voluntary liquidation) and Qasim Majid. [2020] EWHC 2890 (Ch).

Barristers specialising in Banking and Financial services

Call – 1995

Call – 2000

Call – 2009

Call – 2010

Call – 2012

Call – 2012

Call – 2016

Call – 2019