Examples of Samuel’s recent and current instructions include:
Re Northstar Financial Services (Bermuda) Ltd – an application concerning the treatment of client deposits held by Northstar, an insolvent Bermudian investment business. The issues concerned the interrelationship of Bermuda’s Segregated Accounts Companies Act 2000, Investment Business Act 2003, and the Investment Business (Client Money) Regulations 2004. Samuel assisted David Chivers KC, who appeared on behalf of the United Nations Federal Credit Union.
Re Petrofac Ltd [2025] EWHC 859 – assisted Andrew Blake in acting for a group of s. 90A FSMA claimants in the contested Petrofac restructuring plan.
Re Windward Prospects Ltd (formerly Arjo Wiggins Appleton Limited) – instructed on behalf of administrators to pursue claims against the company’s directors for breaches of fiduciary duty and transactions at undervalue, in relation to conduct that post-dated the dividends in BTI 2014 LLC v Sequana SA [2022] UKSC 25 (led by Hugh Sims KC).
ICM SPC v Jarvis VG 2024 HC 3 – assisted David Chivers KC and Jeremy Child (Harneys), who acted on behalf of the successful liquidators in this BVI litigation. The liquidators had made a call on unpaid share capital, in the amount of $40m. The legal issues included the interpretation of the BVI Business Companies Act 2004, and in particular the meaning of ‘consent’ under s. 49 of that Act. Samuel is also involved in the subsequent appeal, and related winding-up proceedings in the Cayman Islands (where the segregated portfolio company is incorporated).
Nilsson v Cynberg [2024] EWHC 2164 (Ch) – an application of trustees in bankruptcy for possession and sale of real property. The appeal concerned the correct interpretation of section 53 of the Law of Property Act 1925, and in particular whether a common intention constructive trust could subvert a prior express declaration of trust.
21st Century Group Holdings Ltd v Turner [2024] – appeared on behalf of the successful appellant creditor in response to an application to set aside a statutory demand. The deputy district judge at first instance erred in holding that mere typographical errors were sufficient to give rise to a triable issue.
Murfet v Property Lending LLP [2023] EWHC 2705 (Ch); [2024] EWHC 2787 (Ch) – represented the successful creditors and respondents to four related applications to set aside statutory demands, and the subsequent appeals. The issues included the interpretation of an ‘on demand’ clause in the context of a property development.
Re Jolly Sailor Private Limited [2022] EWHC 897 (Ch) – acted on behalf of the appellant in this appeal. The issues before Zacaroli J included the evidential weight to be given to company accounts in the context of winding-up petitions, in circumstances where the director’s witness evidence contradicted the accounts he had approved and filed.
Re Bronia Buchanan Associates Limited [2021] EWHC 2740 (Ch) – successfully acted on behalf of liquidators in their claims against the company’s former director for sums withdrawn as ‘drawings’, and also in the prior freezing injunction and subsequent interim receiver and bankruptcy orders.
Re Virgin Active Holdings Limited [2021] EWHC 814 (Ch); [2021] EWHC 911 (Ch) – appeared on behalf of an objecting creditor in this seminal case on cross-class cram down under Part 26A of the Companies Act 2006 (led by Simon Passfield)
Frost v Scott-Hake [2020] EWHC 3677 (Ch) – a seminal case on the principles and procedures for making calls on former partners under the Insolvent Partnerships Order 1994.
Official Receiver v Maguire – instructed by the Official Receiver in this dispute over ownership of property subject to restraint orders made under the Proceeds of Crime Act 2002. The issues concerned the probative weight of in civil proceedings of findings made in the Crown Court, and the principles for judicial recusal.
Samuel regularly appears for and advises clients in claims for breaches of directors’ duties, winding-up and bankruptcy petitions, applications to set aside statutory demands, and administration extensions
