Insolvency

Amie is regularly instructed in the following areas:

• Applications to set aside statutory demands and contested bankruptcy petitions
• Contested winding up petitions
• Bankruptcy annulment applications
• Applications to restrain presentation or advertisement
• Applications to appoint provisional liquidators

Amie is routinely instructed to advise on and attend court in respect of insolvency matters that have a particular niche and complex legal or factual element (e.g. Amie recently advised on applying to the Court for a company incorporated by Royal Charter in the 1800s to be wound up and, in addition, appeared before HHJ Stephen Davies on a complex application relating to the validity of more than 49 IVAs where the supervisor lacked authority to act).

Examples of insolvency work Amie has undertaken includes:

• An urgent ex parte application to appoint a provisional liquidator, where Amie was led by Tony Beswetherick KC
• Acting on behalf of the First Respondent in Re Farrar Construction Limited [2022] EWHC 24 (Ch) here
• Private examination hearings
• Applications relating to disputed winding up petitions, statutory demands and bankruptcies, several of which have related to high-profile debtors
• Drafting and advising on claims relating to a directors’ breaches of statutory duties
• Advising on and attending interlocutory and final hearings in respect of misfeasance and preference claims
• Routine applications such as remuneration applications, extensions of administrations and release from liability, as well as administration orders