Commercial
Ian specialises in Commercial and Chancery litigation with an emphasis on Insolvency.
He regularly appears in the High Court and has frequently appeared in the Court of Appeal, both on his own and as a led-junior. He is consistently recognised as a leading junior in Chambers and Partners and Legal 500.
Ian recently (led my Mark Cawson QC) appeared for a creditor and preferential shareholder on a successful application for an administration order, the purpose of which was to enable a conspiracy claim, potentially in excess of £100m, to be pursued against a former director and secured creditor.
His practice covers all aspects of personal and corporate insolvency, CDDA proceedings, contractual disputes, banking, trusts, mortgage transactions and debt recovery.
As a former mathematician, he is able to quickly analyse difficult problems and come up with pragmatic solutions.
Cases
Williams and another v Broadoak Private Finance Ltd and others [2018] EWHC 1107 (Ch).
An application under para 71 of Sch B1 to the Insolvency Act 1986, seeking the court’s permission to dispose of certain freehold land that was the subject of various competing security interests, as if was not subject to them, together with an order as to the application of the sale proceedings.
Re Flexi Containers Ltd; Breese v (liquidator of Flexi Containers Ltd) v Hiley (by her litigation friend Hiley) and others [2018] EWHC 12 (Ch).
Successfully representing the Applicant liquidator in a factually complex claim involving multiple back-dated documents for transaction at an undervalue and preference.
JCAM Commercial Real Estate Property XV Ltd v Davis Haulage Ltd [2018] 1 WLR 24.
Instructed to appear on behalf of a Company that had ‘chained’ four Notice of Intention to Appoint Administrators before entering a CVA. The issue was whether the NoIs were abusive and should be removed from the Court file. The Company entered administration before the appeal was heard.
Green v Wright [2017] EWCA Civ 111
Appeared alone in the Court of Appeal on the issue of the construction of R3’s standard IVA terms, and the effect that issuing a completion certificate had on the obligations on a former supervisor when further funds came to light.
Re Sports Management Group Ltd (in Liquidation); Green (as liquidator of Sports Management Group Ltd) v Marston and another [2016] All ER (D) 208 (May).
A misfeasance claim that turned on demonstrating that an individual had been a de facto director.
Hedger (Liquidator of Pro4sport Ltd) v Adams [2015] EWHC 2540 (Ch).
Successfully representing the Respondent director to a misfeasance claim. The central allegation was that a transaction selling the Company’s assets to an associated company that provided for deferred consideration but did not provide for security should not have been entered into. Consideration was also given to the ability to bring Companies Act claims within insolvency proceedings by way of Form 7.1a.
Utilise TDS Limited v Davies & Bolton College (reported as Denton v TH White Ltd and other appeals) [2014] EWCA Civ 906.
Led by David Mohyuddin in the Court of Appeal. The leading case following Mitchell as to how applications for relief from sanction should be decided.
Utilise TDS Limited v Davies & Bolton College [2014] EWHC 834 (Ch)
An application for relief from sanction, representing the successful Respondent, prior to it being overturned, in a first appeal in the High Court.
