James is regularly instructed in personal and corporate and partnership insolvency matters, representing administrators, liquidators, companies, LLPs, creditors, company directors and individuals facing personal bankruptcy proceedings. He has significant experience in Company Directors Disqualification proceedings (dating back to representing the successful directors in a Carecraft procedure in SSTI -v- Banarse  1 BCLC 653). More recently he has advised liquidators and administrators in relation to assigning causes of action, valuing such choses of action and deeds of settlement between companies in administration or liquidation and the directors of those companies.
Examples of recent insolvency work
- Advising Liquidators upon, and drafting deeds of settlement and release and assignments of causes of action under ss.212/238/239 & 423 Insolvency Act 1986 and advising re s.246ZD IA 1986. [Feb 2018]
- Representing creditor in defending claim brought by liquidators of a company under s.127 Insolvency Act 1986 – monies paid by Company to creditor post-presentation of winding-up petition – advising upon the application of Express Electrical Distributors Ltd -v- Beavis  EWCA Civ 465 [May 2018]
- Successfully representing company director in Company Director Disqualification Proceedings brought under s.5 CDDA 1986 – Court exercised discretion not to disqualify the director [May 2018]
- Advising Administrators upon methodology for valuing choses in action to be assigned [May 2018}
- Company Directors Disqualification Proceedings – A guide to process and assessment of length of disqualification.
- Express Electrical Distributors Ltd -v- Beavis – Claims under s.127 IA for void transactions.