Insolvency Cases

• Claim for possession and balance of loan defended on grounds of non-compliance with CCA.

• Claim against former directors and shareholder in relation to allegedly unlawful distributions following failed tax avoidance scheme and failure to consider potential liabilities to HMRC in assessing solvency. 

• Substantial claim under trade credit insurance following collapse of main contractor debtor of insured M&E sub-contractor, involving issues of account certification by administrator and alleged set-offs and counterclaims against primary account and their effect on the insured loss.

• Claim by liquidator against former directors for unlawful dividend in specie on demerger of profitable division of group. 

• Claim by mortgagor against mortgagee and LPA Receiver for breach of duty to obtain a reasonable price following alleged failure to approach interested parties. 

• Claims by Liquidator of care home company against former directors and related company for misfeasance in investing company funds in African mining interests, extraction of funds and repayment of loan account. 

• Dispute as to the value of a 50% shareholding held by the shareholder’s liquidator, including issues of management rights, derivative claims, just and equitable winding-up and unfair prejudice. 

Stuart has experience of litigating and advising on a number of insolvency-related disputes, including the following:

• The forfeiture of shares held as security

• Forfeiture proceedings against petrol distributor in respect
  of petrol filling stations.

• Statutory demands.

• The duties of Administrators.

• Defending and pursuing claims by office-holders.

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