Peter’s expertise in this area is well known, and he has been involved in most of the major insolvencies and insolvent restructurings over the years. His instructions have included matters relating to cases such as Federal-Mogul, HIH Insurance, Eurotunnel, Lehmans, the Icelandic banks, Travelodge, MF Global, and the Co-Operative Bank. Many of those matters have included an international or cross-border element.
Particular cases in which Peter has been instructed include the following:
Re African Minerals Ltd  Peter was instructed on behalf of the administrators of the (Bermudian) company in connection with the threatened sale by a Hong Kong security agent of the company’s mining interests in Sierra Leone. Letters of request seeking assistance from the courts of Hong Kong were issued by the English court, after an urgent application for relief by the administrators.
Re Eiffel Steel Works Ltd  EWHC 511 (Ch). Here, Peter appeared for administrators seeking declarations as to the validity of their appointment where there had arguably been a defect in the appointment process.
Re Commonwealth Institute  EWHC 2218 (Ch). In this case, Peter was instructed on behalf of the Secretary of State for the Foreign and Commonwealth Office. The judgment followed the hearing of an application for directions to resolve a number of issues arising during the course of the winding up of the Institute’s affairs.
Re Co-Operative Bank Plc  EWHC 4072, 4074 and 4397 (Ch). Peter was instructed by the trustee of various notes and other securities in relationship to the bank’s proposed scheme of arrangement, and bond and securities exchange.
Re MF Global UK Ltd  EWHC 2556 (Ch). In this case, the court considered the relationship between distributions under CASS and those made out of the general estate of an investment firm subject to a special administration regime.
Re Danka Business Systems Plc  EWCA Civ 92. Acting for the liquidators in this case, which considered the proper approach of liquidators to claims under long-term indemnities given in share-sale agreements.
Re Cobbetts LLP  Instructed by the firm on its application for an administration order.
Kelly v Inflexion Fund 2 Ltd  EWHC 2989 (Ch). Acted for the administrators in this case which concerned the right of a secured creditor to participate in the prescribed part.
Mourant & Co Trustees Ltd v Sixty UK Ltd (in administration)  EWHC 1890 (Ch). Appeared for the landlords in this successful challenge to a retailer’s CVA.
Re Kaupthing Capital Partners II Master LP Inc  EWHC 836 (Ch). Acting for Kaupthing Bank hf and the Icelandic public employees’ pension fund in this challenge to the appointment of administrators over a limited partnership, on the basis that its COMI was not in England and that on other grounds the appointment was defective.
Re HIH Casualty & General Insurance Ltd  UKHL 21. One of first cases to come before the UK’s highest court dealing with the nature and extent of the English’s court’s power and duty to assist foreign office-holders; here, at common law and under s 426.
Hill v Haines  EWCA Civ 1284. Peter acted on behalf of the trustee in bankruptcy in this adjustment of prior transactions case.
Re the Eurotunnel group [2006 to 2007] French sauvegarde proceedings; enforcement of turnover and security rights under English law facility agreements and security; Insolvency Regulation, article 5.
Sirius International Insurance Co (Publ) v FAI General Insurance Ltd  UKHL 54. The House of Lords upheld the claims of a Swedish reinsurer against an insolvent Australian insurance company.
Re T&N Ltd (Federal Mogul Inc): [2004 to 2008] (and continuing). International asbestos insolvencies involving numerous hearings before US and UK courts; courts’ approach to judicial communications; proving in respect of foreign torts; whether claim in tort provable before damage; schemes of arrangement, comparators and third parties; rights of pension trustees; claims’ handling under asbestos policy and insurance related issues; CVAs for asbestos claimants and others; amendment of CVAs.