Director disqualification during the Covid-19 pandemic
During the Covid-19 pandemic there have been several government support measures to help support businesses.
- Acted for the claimants in the reported case of Mond and Another v MBNA Europe Bank Limited[2010] EWHC 1710 (Ch), involving the operation of the Individual Voluntary Arrangement Protocol, its meaning and effect as far as IVA Providers and creditors are concerned, and the wider implications in respect of government intentions and public policy. The proceedings involved a five-day trial at the Royal Courts of Justice with leading Counsel
- Acted for administrators in claims brought on behalf of a company specialising in procurement services who had a multi-million-pound claim against a facilities management company. The case involved drafting of pleadings, instructing Queen’s Counsel and mediation. A substantial settlement was reached for the administrators
- Acted for a liquidator where nearly £1m in cash had been paid out to its director shortly before liquidation. Acted in obtaining a worldwide freezing injunction and thereafter the prompt preparation of substantive pleadings/claims against the director. A substantial settlement was reached for the liquidator. The case received press coverage. Also represented the liquidator in relation to substantive proceedings that went to a fully contested hearing regarding an appeal by a creditor against decision on proof of debt
- Acted for the administrators of a web-based publishing business with a substantial social media presence in a multi-million-pound sale of its business and assets. Assisted in the litigation that arose whereby the administrators were injuncted overnight to prevent the sale proceeding and where they had to respond to the injunction within hours. Successful in overturning injunction and thereafter assisted the administrators in relation to their proposals, permission to distribute to creditors and also considering actions against directors. The case received press coverage
- Acted for the liquidators of a property investment company which invested in house building projects generating around 1,400 individual investors (unregulated). Instructions received from the joint liquidators to undertake a series of actions against associated companies resulting in over £2.5m recovered from a portfolio of properties by way of underlying security achieved through settlement. Furthermore, there were substantial antecedent actions and misfeasance actions against the directors involving intercompany loans, agreements and a high value property transaction. The case received press coverage
- Acted for an elderly bankrupt who was made bankrupt for £5,000 and was otherwise balance sheet solvent. The trustee maintained that the bankrupt was not co-operating and concealing assets. An application was made for directions together with an excessive remuneration challenge which was all successful and led to the District Judge attacking the trustee’s conduct with a personal costs order being made and remuneration being reduced by tens of thousands of pounds and the trustee being ordered to bring the bankruptcy to an end
- Acted for joint trustees in bankruptcy which led to a recovery for the estate after mediation which involved complex issues regarding mortgage subrogation and bankrupt’s parents claiming for proceeds of a property the joint trustees sold some years prior. Also involved issues regarding after-acquired property
- Acted for joint trustees in bankruptcy which involved a beneficial interest dispute and where the bankrupt had attempted to mask a beneficial interest he had in a property with his mother and brother. This led to a substantial recovery at mediation after years of pre-action exchanges