Lawrence McDonald

Call 1996

mcdonald@exchangechambers.co.uk

“An assured voice in the court room and a lateral thinker on his feet.”

The Legal 500 2020
Photo of Lawrence McDonald

Insolvency

Lawrence is a commercial litigator with particular expertise in property, insolvency and professional negligence cases. He acts for companies, individuals, office holders and public bodies before courts and tribunals of all levels in England and Wales. He also has an extensive advisory and mediation practice.

Lawrence acts for office holders and for companies and individuals involved in insolvency proceedings.

He often acts on urgent applications including applications for the appointment of a provisional liquidator or an interim receiver, applications for the authorisation of warrants of entry and of arrest, applications for the removal of trustees and applications for the control of a trustee.

Lawrence is regularly instructed by insolvency practitioners to act in claims to recover money for the benefit of a company in liquidation or trustee in bankruptcy. These include claims for misfeasance, transfers at undervalue, preferential transfers and fraudulent trading. He also acts for directors, companies and other people defending such claims. Lawrence is also instructed in relation to bankruptcy petitions and winding up petitions, both for creditors and debtors.

Cases

People in Mind Limited v Armchair Answercall Limited (2014) – A 6 day trial in London about whether the departure of a network of franchisees frustrates a contract for services with the franchisor. Listed before the Court of Appeal in autumn 2016.

Bradley v Heslin [2014] EWHC 3267 – A 3 day trial before the Vice-Chancellor regarding the acquisition of an easement by prescription, adverse possession or proprietary estoppel. Listed before the Court of Appeal in March 2016.

Hamlington v Wrexham County Borough Council (2014) – A 5 day trial about whether drainage works by a highway authority caused damage to property.

Rainford v Rainford (2014) – Whether payments made by an ex-husband to his ex- wife were a loan or gave rise to a beneficial interest in a property.

Whalley v PF Developments Limited [2013] EWCA Civ 306 – A successful appeal to the Court of Appeal regarding the assessment of damages for trespass.

Feury v Marshman (2013) – A 5 day trial before HHJ Bird concerning easements, nuisance and harassment. Following cross examination of the witnesses, the case settled on favourable terms before judgment.

Liverpool Quays Management Limited v Moscardini [2012] UKUT 244 (LC) – A successful appeal to the Upper Tribunal regarding the recoverability of service charge expenditure.

Campbell v Banks [2011] EWCA Civ 61 – An appeal concerning the applicability of section 62 of the Law of Property Act 1925.

Re Northall (Deceased) [2010] ECHC 1448 (Ch) – A 3 day trial before David Richards J concerning the beneficial interest in money held in a bank account in joint names.

Pierse Developments Limited v Liberty Property Investment Limited [2009] EWCA Civ 1423 (as Instructing Solicitor) – A dispute regarding a development agreement for a block of flats in Liverpool that was affected by the recession.

Sugarman v Porter [2006] EWHC 331 (Ch) (as Instructing Solicitor) –Restrictive covenants.

Mean Fiddler Holdings Limited v Islington LBC [2003] 3 EGLR 61, LT; [2003] 2 P&CR 7, CA (as Instructing Solicitor) – Compulsory purchase and breach of leasehold covenants.