Matthew Gillett

Matthew enjoys a practice encompassing a wide range of civil matters, particularly Commercial; Property; Insolvency; and Construction (further detail can be found by clicking on the headings below). Matthew provides a practical and cost-effective service to clients in a timely and friendly manner.

Matthew is experienced in all stages of litigation from pre-action conduct and advice, through interim applications and trial, up to appeals and enforcement.

Matthew is qualified to accept instructions through the Bar’s Public Access Scheme.

Cases

Matthew recently represented one of the opposing creditors in a restructuring scheme cross class cram down application (pursuant to Part 26A of the Companies Act 2006) in Re The Great Annual Savings Company Ltd [2023] EWHC 1141 (Ch). The court refused to sanction the plan in what is now the leading authority on how the Court will approach the views of opposing creditors, particularly HMRC. Matthew was instructed by Judge & Priestley to represent TotalEnergies Gas and Power who would have lost c.£5m had the restructuring plan been approved.

Matthew represented the defendant in Read v Eastern Counties Leather Group Limited [2022] EWHC 31 (Ch) and succeeded in striking out a High Court claim which sought to set aside a settlement reached between the parties in earlier proceedings and for recission of an earlier order for possession. The case is now referred to in the Wite Book at 3.4.6 in relation to the rule in Henderson v Henderson. The claimant contended that the settlement had been obtained through fraud by way of fraudulent misrepresentations. The settlement compromised a claim of over £2m. Matthew successfully applied to have the High Court claim struck out with summary judgment entered for the defendant.

Further information

Memberships

Matthew is a member of the Property Bar Association.

Seminars and Training

Matthew enjoys providing focussed training and update sessions. He has previously given talks on recent developments in case law, procedural matters, and costs, in the areas of property, insolvency and construction law. If you would like Matthew to deliver a talk, he is happy to provide bespoke training sessions.

Qualifications

Bar Professional Training Course (City Law School)
Post Graduate Diploma in Law (City Law School)
BA (Hons) History (Durham University)

Pro Bono

Matthew volunteers for the City Law School’s Company Insolvency (CO:IN) scheme to provide free advice and representation to companies at the Winding Up Court. As the scheme assists unrepresented companies on the day of the winding up hearing. Matthew has become accustomed to providing practical and commercial advice quickly and effectively. Matthew’s interview for ‘Law in Action’ and an interview with one of the scheme’s student volunteers is available here.

Interests

Matthew has a wide variety of interests from history and politics to the theatre and travel. He is also a keen marathon runner and a lifelong Bristol City fan.

Insolvency

Matthew is regularly instructed in bankruptcy and insolvency matters and welcomes instructions from creditors and debtors alike to attend hearings and to draft paperwork. Matthew often appears in the Winding Up List in the Companies Court, representing either creditors or debtors. Matthew has also drafted and attended applications for Validation Orders and to rectify the Register of Companies.

Matthew is instructed by one of the opposing creditors in the on-going litigation involving the restructuring of The Great Annual Savings Company Ltd under Part 26A of the Companies Act. The court is being asked to sanction the plan and cram down the opposing creditors, who include HMRC. Matthew has advised one of the opposing creditors as well as represented them at 3-day hearing before Mr Justice Adam Johnson.

Matthew was interviewed by Joshua Rozenberg QC for the flagship BBC Radio 4 show ‘Law in Action’ in a recording broadcast on 25th June 2019. Matthew explained how the ‘Winding Up Court’ operates and how the COIN pro bono scheme with which he is involved helps debtor companies who have not obtained their own representative. The interview can be found here.

Matthew is also experienced in hearings in the County Court to secure charging orders and obtain orders for sale.

Examples of recent insolvency work

Matthew has successfully obtained a reduction in the fees charged by the Trustee in Bankruptcy for a client who contended that the fees charged were excessive, pursuant to what is now Rule 10.134 of the Insolvency Rules 2016.
Matthew has assisted in the restoration and winding up of a company in order that previously unknown assets could be distributed.
Matthew volunteers for the City Law School’s Company Insolvency (CO:IN) scheme to provide free advice and representation to companies at the Winding Up Court. As the scheme assists litigants in person on the day of the winding up hearing, Matthew has become accustomed to providing practical and commercial advice quickly and effectively.