Insolvency And Commercial Litigation Barrister
CurrentRecent cases:Sian Participation v Halimeda [2024] UKPC – a BVI appeal in which the PC held that Salford Estates should no longer be followed: the presence of a generally worded arbitration or exclusive jurisdiction clause should not lead to the stay of a winding-up petition unless the debt was genuinely disputed on substantial grounds.Adams v FS Capital Ltd [2023] EWHC 1649 (Ch) – leading Josh Lewison on a trial involving an “insolvent trust” and the application of the decision in… Show more Recent cases:Sian Participation v Halimeda [2024] UKPC – a BVI appeal in which the PC held that Salford Estates should no longer be followed: the presence of a generally worded arbitration or exclusive jurisdiction clause should not lead to the stay of a winding-up petition unless the debt was genuinely disputed on substantial grounds.Adams v FS Capital Ltd [2023] EWHC 1649 (Ch) – leading Josh Lewison on a trial involving an “insolvent trust” and the application of the decision in Sequana as a matter of Jersey lawRe Lyphe Group Ltd [2023] 12 WLUK 427 – acting for administrators in obtaining an urgent order under paragraph 71, Schedule B1 confirming that, in light of their obligations under the Money Laundering Regs 2017, they did not have to proceed with the highest bid for the company’s assetsBNM Parkstone LLP v Khazai [2022] EWHC 345 (Ch): acting for defendants in a trial concerning allegations of breach of fiduciary duty in the context of membership of an LLP and a form of joint venture agreementRe Li Shu Chung [2021] EWHC 3346 (Ch): successfully acting for Hong Kong trustees in bankruptcy in resisting an application for security for costs and then obtaining a recognition order under the Cross-Border Insolvency Regulations 2006Re Fowlds [2021] EWHC 2149 (Ch); [2022] 1 WLR 61: appeal before Trower J which is now the leading case on “change of position” as a defence to avoidance claimsPrimus v Triumph [2020] EWCA Civ 1228: appearing for the appellant in a case in which the Court of Appeal considered the legal meaning of “goodwill” in a share purchase agreementUavend v Adsaax & Vistra [2020] EWHC 2073 (Comm): successfully acting for a Singapore defendant in defeating a claim for procuring a breach of contract in the context of an international trust structureNorthampton Borough Council v Cardoza [2019] EWHC 26 (Ch): successfully acting for the claimant in a high profile 10-day misfeasance trial arising out of the affairs of a football league club Show less