Insolvency

Joel only accepts instructions in insolvency, where he is regularly instructed to advise and represent Insolvency Practitioners and Litigation Funders.  Joel handles routine applications arising out of the Insolvency Act 1986 and asset recovery work.  In the post-pandemic era, he has developed particular specialism in the identification and pursuit of misapplied company assets by misfeasant directors involving Government-backed lending (such as Bounce Back Loans and the Coronavirus Business Interruption Loan Scheme).

Joel is regularly instructed in the following areas:

• Applications concerning the adjustment provisions and misfeasance, where he advises, pleads, and appears in Court from issue to trial. Joel is a frequent choice for Litigation Funders in the wake of Re Hayward [2021] EWHC 1481 (Ch) in bringing hybrid claims efficiently.  He has provided training on the subject directly to law firms and at conferences.
• Claims on behalf of Insolvency Practitioners and Litigation Funders falling outside of the typical paths, including where penalisation of director misconduct involves technical breaches of the Companies Act 2006.
• Post-trial, Joel is used to dealing with issues arising out of enforcement proceedings such as seeking injunctive relief to prevent asset stripping (including freezing injunctions), the recovery of assets from third parties under s. 423 of the Insolvency Act 1986, and disputes over the beneficial ownership of target assets.
• Routine business in the Interim Applications List, including applications to extend administrations, obtain administration orders, obtain injunctive relief, as well as applications of a technical nature.
• Appearing in hearings relating to disputed winding-up petitions, bankruptcies, and statutory demands. Joel has appeared on both sides of the fence, often for high-profile creditors and debtors.