John deals with corporate and personal insolvency litigation on behalf of creditors and debtors. He assists creditors and their insurers with the recovery of debts in an insolvency context and with related issues.
John has significant experience of bankruptcy and winding up petitions, applications for injunctions restraining presentation and advertisement of petitions, and applications to set aside statutory demands. He provides advice and representation in claims for the recovery of void payments under s.127 of the Insolvency Act 1986 and in applications for the validation of such payments. He is instructed in litigation involving allegations of undervalue under s.423 of the Insolvency Act 1986 and related proprietary claims and in claims against directors of insolvent companies.
In his commercial and debt recovery work, John is constantly alert to potential issues of insolvency and is innovative in finding ways to protect commercial claimants in the event of insolvency of a debtor.
Re C (In liquidation): John represented several companies in claims by a liquidator for the recovery of allegedly void payments totalling millions of pounds.
Re G (In liquidation): A claim to recover money paid to an insurer under a guarantee bond prior to its entering administration.
D v P: An application to set aside an order made under s.212 of the Insolvency Act 1986 against a director and shadow director several years after it was made.
M v P: An application to restrain presentation of a winding up petition made by an advertising company against a solicitor representing an American client.
C v N: Following service of statutory demands on a commercial tenant of two public houses and her guarantor, John opposed an application to set aside a demand and represented the petitioning creditor at multiple hearings in relation to the subsequent petition.
D v A: Advice to an insurer on a loss and expense claim under a construction contract following the insolvency of a construction company.
A v R: John recovered a substantial judgment and costs debt owed by an insolvent company by pursuing a director for dishonest assistance in breach of trust.