Insolvency
Penny is frequently instructed on both corporate and personal insolvency matters and regularly appears in the County and High Courts on a range of hearings. Penny also drafts Insolvency Act Application Notices, Part 7 claims, witness statements in support and advises on a variety of insolvency matters, both corporate and personal.
Examples of such matters include the following:
- Winding up petitions, including disputed debt hearings and applications to restrain the presentation/advertisement of petitions
- Administration extension applications
- Remuneration applications
- Applications in misfeasance and/or breach of fiduciary duties
- Applications for transactions at an undervalue and preference payments
- Applications to set aside statutory demands
- Bankruptcy petitions including contested bankruptcies
- Annulment applications
Notable cases
- Penny successfully acted for the Petitioning bank concerning a c.£130k debt arising from a credit facility agreement and associated guarantee and indemnity in response to an application to restrain advertisement of the winding up petition.
- Penny acted for the Defendant pursuing a strike out application on the grounds that the underlying claim for damages arising from breach of the Company’s Administrators’ duties under GDPR disclosed no reasonable grounds for success. The Court acceded to the Defendant’s application and found that in the present circumstances, the Administrators were not data controllers, were simply acting as the Company’s agents and could not therefore be in breach.
