Weightmans LLP

Shauna joined Weightmans in 2018 and brings over 7 years’ experience in dealing with debt and asset recovery litigation to the Insolvency and Recoveries team.

Shauna’s versatility in the insolvency and recoveries field has enabled her to advise a broad range of clients from government bodies, local authorities, owner-managed businesses, insurers, and corporates across a multitude of sectors (financial services, education, retail, health, hospitality, manufacturing, logistics and construction).

Her practice area’s span (un)regulated recoveries litigation (both local and cross-jurisdictional), and insolvency actions (including dealing with instructions to act on behalf of trustees and office holders’ post-appointment).

Her extensive experience and technical capability in dealing with matters relating to the Consumer Credit Act, wrongful interference of assets, and title disputes, has meant that she has been a trusted advisor for various clients regulated by the Financial Conduct Authority. Shauna’s ability to navigate this niche and heavily regulated area has given her a deserved reputation for providing innovative and thoughtful solutions to her clients in this space.

Shauna’s tenacious, yet human, approach to litigation has allowed her to successfully deal with complex and/or sensitive claims, including the recovery of assets from deceased estates, unjust enrichment, overpayment of pensions and salaries, Orders for sale and possession of property, and the enforcement of international arbitration awards in the UK.

Shauna has a proven track-record in relation to instructions from insolvency practitioners to assist in bringing claims on behalf of insolvent entities. Her involvement is often commenced at the investigatory stage, allowing her to gather and contemplate evidence and inform the likely claims to be brought on behalf of the insolvent entity. She has successfully assisted office-holders in bringing multi-million pound claims for breaches of fiduciary duties, misfeasance, and pursuant to other provisions of the Insolvency Act 1986 (including s127 claims for void payments). Her robust approach to building successful cases has resulted in most matters settling at the pre-litigation stage with favourable terms for the office-holder and creditors.

Notable cases

• Instructed on behalf of a service provider to recover a debt of £120,000 where the defendant had historically alleged a valid defence. Shauna’s tenacious approach to resolution led to full payment of the debt (plus interest and costs) within weeks of instruction. Her understanding of the legal and commercial position enabled her to adopt the most suitable recovery method and execute this on a cost-neutral basis.
• Acting for a globally established leader in the motor industry, to recover debts and assets arising from breaches of asset finance and consumer regulated agreements, Given the naturally sensitive nature surrounding financial services, Shauna has perfected the balance of a robust approach to recoveries whilst adhering to stringent statutory requirements and Financial Conduct Authority guidelines. Despite the changing and challenging recoveries landscape, Shauna has contributed to the collection of millions of pounds for this client across their portfolio.
• Promptly achieved settlement following the registration and enforcement of an arbitration award obtained out of jurisdiction (value in excess of £400,000), with the debtor having previously evaded meaningful engagement for over a year.
• Assisted a local authority in relation to a claim and possession proceedings against the estate of deceased persons for unpaid care fees pursuant where probate had not been undertaken, following Shauna’s instruction and pre-action correspondence, payment was made in full (exceeding £100,000 plus costs).
• Instructed by a liquidator to assist in claims against a former director in respect of misfeasance, securing settlement and security with a value of over £450,000.
• Successfully set-aside judgment and struck out a claim brought against a client which was entirely misplaced and without merit, successfully pleading indemnity costs which were awarded in full.