Significant cases include:
S&K Group Ltd & Anr v Mortgage Agency Services No 1 Ltd & Ors  EWHC (Ch)
Application to determine the validity of the appointment of administrative receivers of a foreign company under foreign law. Whether a demand for payment had been validly made by the creditor. Whether the English law debenture permitted the appointment of administrative receivers under a foreign law. (Acted for the Claimants, instructed by Berg).
Sisu Capital Fund Ltd & Anr v Tucker & Ors  BCC 463
Applications in the TXU insolvencies for the revocation or suspension of voluntary arrangements under s.6 IA 1986 on the grounds that they unfairly prejudiced creditors of the Companies, that there were material irregularities in relation to the creditors’ meetings and that there were conflicts of interest which were not properly managed by the supervisors; and applications to remove the supervisors of the CVAs. Heard as urgent vacation business. (Acted for the creditor Applicants, instructed by Bingham McCutchen LLP).
Sisu Capital Fund Ltd & Anr v Tucker & Ors (No 2) –  1 All ER 167;  BCC 577
Whether the costs of time spent by the Respondent accountants/supervisors of company voluntary arrangements where solicitors and counsel had been instructed, were recoverable. (Acted for the creditor Applicants, instructed by Bingham McCutchen LLP).
Re Leyland Daf Ltd  1 BCLC 419 (Ch) and  1 BCLC 571 (CA)
Priority as between liquidation expenses and claims of holder of crystallised floating charge. Whether expenses of liquidation occurring after appointment of administrative receivers were to be paid before claims of holder of floating charge which crystallised prior to liquidation. (Acted for the floating chargeholder, instructed by Freshfields Bruckhaus Deringer).
Banca Carige v. Banco Nacional de Cuba  2 BCLC 407;  2 Lloyd’s Rep 147
Application for permission to serve out of the jurisdiction proceedings under s.423 IA 1986 on the former and present central bank of Cuba. Whether no jurisdiction to hear proceedings owing to sovereign immunity under the State Immunity Act 1978, or the doctrine of judicial self restraint. Whether ground existed for service out of the jurisdiction – meaning of CPR 6.20(10). Exercise of discretion whether to grant permission to serve out of the jurisdiction. (Acted for Banca Carige, instructed by Holman, Fenwick and Willan.)
Re Anglo American Insurance Co. Ltd  BCC 715
Application for request for judicial assistance to overseas court. Reliance on confidential statement of Provisional Liquidator. Whether disclosure of confidential statement to be ordered. Whether permissible in statement to refer to without prejudice communications. (Acted for the Provisional Liquidators, instructed by Linklaters).
Banco Nacional de Cuba v. Cosmos Trading Corp  BCLC 813 (CA)
Petition to wind up overseas former Central Bank as an unregistered company. Whether sufficient connection with this jurisdiction for winding up. Whether Court should wind up an overseas company which has no trading connection with this jurisdiction but continues to trade elsewhere. Whether State Immunity Act 1978 applied. (Acted for Cosmos Trading Corp., instructed by Holman, Fenwick & Willan).
Re Exchange Travel (Holdings) Ltd  2 BCLC 524
Preference by repayment of directors’ loans avoided; balance sheet, rather than cash-flow, insolvency relied upon by the Liquidators. (Acted for the Liquidators, instructed by Addleshaw Booth & Co.).
Re a Company (No. 00687 of 1991)  BCLC 133
Winding up/validation order/meaning of “advertisement” of petition. (Acted for the Company, instructed by Lawrence Graham).
Re FSA Business Software Ltd  BCLC 825
Winding up/disputed debt/effect of counterclaim by company. (Acted for the petitioner, instructed by Miller Paris).
Directors’ Disqualification proceedings:
Re Queens Moat Houses plc (No 2)  1 BCLC 136
Responsibility of the Chairman of a listed company for misleading financial statements. Whether the Chairman was entitled to rely on delegation to others and the certificate given by the Company’s auditors. Disqualification order made. (Acted for the Official Receiver, instructed by the Treasury Solicitor).
Re Queens Moat Houses plc  1 BCLC 696 (CA)
Admissibility of evidence. Whether findings in earlier proceedings involving the director were admissible in the disqualification proceedings. Whether the director’s challenge in the disqualification proceedings to the earlier findings and conclusion was an abuse of process. Acted for the Official Receiver, instructed by the Treasury Solicitor).
Re Homes Assured Corporation plc  BCC 297
Disqualification of director/whether disqualification proceedings may be stayed by consent/when a stay is appropriate. (Acted for the Official Receiver, instructed by the Treasury Solicitor).
Re Hitco 2000 Ltd  2 BCLC 63
Disqualification of director/role of appellate court. (Acted for the director).
Re Wimbledon Village Restaurant Ltd  BCC 753
Disqualification of director. Disqualification order refused. (Acted for the director).
Re Homes Assured Corporation plc  BCC 573.
Acted for the Secretary of State for Trade and Industry, instructed by the Treasury Solicitor.