Enterprise Chambers

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Jeremy Bamford

Jeremy specialises in commercial litigation with a particular emphasis on all aspects of contentious insolvency (corporate insolvency, LLPs, partnerships and bankruptcy), company law (including directors’ duties, shareholder disputes and unfair prejudice petitions), company directors’ disqualification proceedings and BROs, disciplinary, licensing and regulatory proceedings involving insolvency practitioners (acted for the ICAEW on boo.com) and bank recovery proceedings (charges, mortgages, guarantees and indemnities). He has appeared in over 25 reported insolvency and CDDA cases. He has considerable practical experience of directors’ disqualification proceedings, having been appointed to the Attorney General’s CDDA provincial panel and is now appointed as Junior Counsel to the Crown Regional A Panel. He frequently represents directors, including in the high-profile World of Leather, Time Computers, Finelist, Farepak and UKLI disqualification cases. He is a contributor to Mithani: Directors’ Disqualification (Butterworths). Jeremy is a Council Member of the Insolvency Lawyers Association and is a member of the ILA Technical Committee. Insolvency & Restructuring Jeremy is a specialist insolvency barrister. Insolvency work forms the majority of his practice and includes all aspects of company, LLP, partnership and individual insolvency. His experience ranges from applications to set aside statutory demands, bankruptcy petitions, administration applications, through clawback proceedings (misfeasance, TUV, preferences, s.423 IA 1986), unlawful dividends and distributions, CVA/IVA voting appeals/revocation/unfair prejudice applications to solvent members’ voluntary winding up, along with pretty much most things in between. Company Jeremy has considerable company law experience dealing with director’s duties, shareholder disputes, unfair prejudice petitions and just and equitable winding up petitions. His reported company cases include Wilton-Davies v Kirk [1998] 1 BCLC 274, in which he obtained an interim order for the appointment of a receiver in an unfair prejudice petition and Dyment v Boyden and Bishop [2005] 1 WLR 792, one of the few unlawful financial assistance cases under s.151 CA 1985 to reach the Court of Appeal, where he acted at first instance and in the appeal for the successful defendants. Company Directors Disqualification Jeremy has considerable specialist experience of disqualification cases under the CDDA 1986. For many years he has acted for the Secretary of State / Official Receiver under his appointment to the Attorney General’s CDDA provincial panel and now as Junior Counsel to the Crown Regional A Panel, advising on and presenting disqualification cases at trial. In addition, he has substantial experience defending directors in disqualification proceedings, during the pre-issue investigation period, assisting with and drafting representations to avoid the issue of proceedings or narrow and clarify allegations, evidence in defence, defending directors at trial, disqualification undertakings and s.17 CDDA permission applications for leave to act as a director. He represented directors in the high-profile World of Leather, Time Computers, Finelist, Farepak and UKLI disqualification cases. He is a contributing editor to the specialist textbook Mithani: Directors’ Disqualification (LexisNexis). Commercial Jeremy has experience of a wide range of commercial litigation, including in particular bank recovery proceedings (enforcement of charges, mortgages, guarantees, LPA receivership), civil fraud (including dishonest assistance and knowing receipt), ROT, breach of warranty and general contractual disputes. Professional Negligence and Disciplinary Jeremy has particular experience dealing with Disciplinary and Regulatory matters involving IPs. He has advised and represented a number of the recognised professional bodies and insolvency practitioners in respect of disciplinary complaints and decisions to withdraw insolvency practitioners’ licences. He successfully represented the Investigation Committee of the ICAEW before the disciplinary committee (i) in a disciplinary complaint against 2 IPs concerning their appointment as provisional liquidators of boo.com, where there was a prior material professional relationship and (ii) in a disciplinary complaint against an IP concerning an invalid appointment as LPA receiver and duress and also acted before the Appeal Tribunal of the ICAEW in respect of that complaint. He successfully defended a solicitor/IP facing an investigation of a professional complaint by the Law Society and successfully represented an IP in an appeal to the Insolvency Service over their decision to withdraw his insolvency licence.

Sally Blackmore

Sally has expertise across all areas of real property and residential and commercial landlord and tenant. She also advises and represents clients on wills and trusts focused property-related matters, as well as dealing with professional negligence litigation arising out of property transactions. She is confident and assured in court and on paper and is noted for her thoroughness, and her down-to-earth approach as well as her knowledge of the law and ability in court. She believes that little produces better results for a client than a rigorous and detailed analysis of the issues at an early stage. Her work is typically litigation-focused, but also encompasses advice in respect of transactional matters. Property Sally appears in courts and tribunals on the whole range of real property and landlord and tenant matters. She has advised and represented commercial and/or residential clients on – amongst other things – dilapidation’s, service charges, enfranchisement and right to manage issues, ground rent matters, easements and covenants, notices and restrictions, stamp duty, boundary disputes, forfeiture and adverse possession claims. In addition to the above Sally has a keen interest in the construction of leases and licences along with matters involving proprietary estoppel. Wills, Trusts and Probate Sally regularly advises and represents clients in matters concerning express and implied trusts, undue influence and other matters engaging the courts equitable jurisdiction. Commercial Sally accepts instructions in respect of commercial contracts, tenancies and licences. Professional Negligence and Disciplinary Sally accepts instructions in respect of professional negligence matters arising out of property transactions and litigation.

Christopher Brockman

Chris practices in all areas of personal and commercial insolvency His practice areas include asset recovery on behalf of insolvency office holders, opposing and obtaining administration orders; compulsory winding up; wrongful trading/breach of directors’ duties claims; 236 applications to examine directors and examination of directors; defending trustees against claims for negligence/breach of duty; Bankruptcy Restriction Orders. He acts for the Secretary of State on various applications, including Company Directors Disqualification proceedings and public interest petitions. Over the last few years he has developed a particular speciality in interim applications, including freezing and proprietary orders and summary judgment applications. In the recent past Chris had been involved in numerous high profile personal and corporate insolvency cases and is frequently instructed by HMRC in relation to complex applications including on provisional liquidations. He has also successfully defeated challenges to several, and obtained personal cost orders against the directors. Chris is an accredited mediator helping to resolve insolvency related disputes. He is also an expert in the inter-relation of criminal law and the civil insolvency regime. Christopher is a member of the Insolvency Lawyers’ Association and he is also a CEDR Accredited Mediator. He has spoken at numerous courses and conferences. He is a contributor to Lexis Nexis PSL (insolvency module) and Gore-Browne on Companies as well as the author of numerous insolvency related articles. Insolvency & Restructuring Chris’s practice includes all aspects of company, LLP, partnership and individual insolvency. His experience ranges from applications to set aside statutory demands, bankruptcy petitions, administration applications, through clawback proceedings (misfeasance, TUV, preferences, s.423 IA 1986), unlawful dividends and distributions, CVA/IVA voting appeals/revocation/unfair prejudice applications. He is a specialist in interim applications, in particular provisional liquidations and freezing orders. Company Directors Disqualification Chris is Junior Counsel to the Crown Regional A Panel and appears for the Secretary of State/Official Receiver on disqualification applications. In addition, he has acted for many directors in disqualification proceedings, and on s.17 CDDA permission applications for leave to act as a director.

Daisy Brown

Daisy specialises in all areas of contentious insolvency, company law, property and wills and trusts. She also appears regularly in directors’ disqualification matters and is on the Attorney General’s Regional Panel B. Insolvency & Restructuring Daisy’s practice includes all aspects of company and individual insolvency. Her experience ranges from applications to set aside statutory demands, bankruptcy petitions, administration applications, clawback proceedings (misfeasance, TUV, preferences, s.423 IA 1986), unlawful dividends and distributions, CVA/IVA voting appeals and partnership liquidations. She has particular experience in personal insolvencies involving issues concerning ancillary relief. Company Directors Disqualification Daisy regularly appears for the Secretary of State under her appointment as Junior Counsel to the Crown Regional B Panel, advising on and presenting disqualification cases in court. She also acts for defendant directors. Company Daisy is regularly instructed in cases concerning director’s duties, shareholder disputes, unfair prejudice petitions and just and equitable winding up petitions. Property Daisy’s property practice includes regular instructions in the High Court, County Court and First Tier Tribunal in relation to disputes about beneficial interests, proprietary estoppel, landlord and tenant, boundary disputes, easements and rights of way. She has considerable experience in agricultural matters including cases concerning equine law. Mediation and ADR Daisy is a trained mediator and accepts instructions to mediate in all matters within her practice areas.

Stephen Davies KC

Stephen Davies KC is widely recognised as one of the most experienced litigators of issues relating to the law and practice of insolvency, also ranging into banking and finance and the disqualification of directors. A standout silk who has published widely on insolvency law and practice. In addition to corporate and personal insolvency, he has a particular expertise in asset recovery and directors’ liability. He has extensive experience assisting trustees in bankruptcy and private individuals with complex, high-value claims surrounding personal insolvency. A highly regarded KC whose banking practice is informed by his specialism in restructuring and insolvency. He has additional expertise in relation to allegations of the manipulation of financial benchmarks, and has appeared in high-profile cases concerning fraudulent Libor manipulation. A perfect choice for banking and insolvency disputes. Sources commend his lengthy experience practising litigation and reveal his impressive reputation in the market. His expertise includes misrepresentation, breach of duty and Libor manipulation. Insolvency & Restructuring Stephen advises and acts for various stakeholders in litigation relating to all forms of the law and practice of insolvency, in respect of which he has appeared in over 100 reported cases. He has advised in relation to many high-profile insolvencies, including Lehmans, Madoff, AIB, Rangers FC, Carillion, Shlosberg, Maud, Asil Nadir and Wind Hellas. In 2019 he has been instructed in cases relating to the artificial distressing of corporate customers by their bankers, Berkeley Applegate orders, negligence of insolvency professionals, sports insolvencies, the removal of insolvency office-holders and pursuing or defending a range of clawback claims. Banking and Finance During 2013 and 2014 Stephen was lead counsel acting for Graiseley Properties Limited in its test case in the Commercial Court (Mr Justice Flaux) against Barclays Bank plc alleging that the bank’s admitted manipulation of LIBOR submissions and also its knowledge of dishonest LIBOR submissions were grounds for rescinding swap transactions which used LIBOR as their reference rate. The case involved disclosure of c200,000 documents relating to Barclays’ LIBOR submissions during the period of its admitted manipulations. After a series of contested case management conferences and a pre-trial review, the litigation settled shortly before trial in late April 2014. Thereafter he has been instructed in numerous similar cases, in all of which a settlement has been achieved, including Criterion, Wall, Holgate, Rhino and Wingate. He is currently representing Ventra Properties Limited (In liquidation) against Bank of Scotland Plc, the trial of which is scheduled to start in January 2020. Company Directors Disqualification Stephen has appeared in the majority of reported cases concerning “fairness” in directors’ disqualification litigation and is one of the most experienced barristers in the UK appearing in directors’ disqualification trials. He has been instructed in a significant number of high-profile disqualification applications that have led to early termination by withdrawal or settlement.

Celso De Azevedo

“Celso is a sought-after commercial barrister with particular expertise on emerging technology disputes relating to cryptoassets recovery, cyber risks, information technology, insurance, breach response and IT projects’ contractual disputes. Celso regularly appears before the High Court to obtain interim injunctions in ransomware, cryptocurrency fraud and data theft cases involving fraudsters, hackers, cryptocurrency exchanges, banks and e-money institutions, including non-publication, search and freezing injunctions, third party disclosure, Norwich Pharmacal and Bankers Trust orders. His recent cryptocurrency cases include the leading authorities in this area of the law, as follows: D’Aloia v Persons Unknown & Ors [2024], Boonyaem v Persons Unknown Category (A) & Ors [2023], Mannarino v Persons Unknown & Ors [2023] and Scenna v Persons Unknown & Ors [2023]. Celso is also recognised as a leading re/insurance barrister, having previously worked for over 20 years as a re/insurance and commercial litigation solicitor and partner in UK and US law firms in the City of London, where he gained extensive experience in complex multi-jurisdictional arbitrations and court proceedings worldwide. He is the 2023 BILA prize-winner of the leading practitioner textbook ‘Cyber Risks Insurance, 2nd Ed, Sweet & Maxwell’. Celso is qualified as a New York Attorney, and is a Fellow of the Chartered Institute of Arbitrators and Certified Crypto Researcher and Investigator (Crystal Intelligence).”

Chris Dunk

Chris has a broad commercial and chancery practice. His experience includes general commercial disputes, company, partnership and insolvency law, trusts, probate and estates litigation, conflicts of law and jurisdiction, and property and real estate litigation. He accepts instructions in all of Chambers’ practice areas. Chris appears regularly in the High Court and County Courts throughout the country. Company Chris acted as junior to Hugh Jory QC during a two-week trial, representing a defendant director in respect of alleged breaches of fiduciary duty during the re-structuring of a group of companies: LRH Services Ltd (In Liquidation) v Raymond Arthur Trew and ors[2018] EWHC 600 (Ch). Chris also assisted Hugh Jory QC and Hugo Groves on a successful three-day strike out/summary judgment application on behalf of defendant directors, in respect of claims against them for wrongful trading, transactions at an undervalue, preference and transactions defrauding creditors: Brian Johnson (as Liquidator of Strobe 2) v Christian Arden and ors [2018] EWHC 1624 (Ch) Insolvency & Restructuring Chris acted for the successful respondent in an appeal before Zacaroli J concerning trusts of land and a bankrupt’s estate: Bulathwela v Thomas and anor [2019] EWHC 3511 (Ch). Chris acted as junior to Hugh Jory QC during a two-week trial, representing a defendant director in respect of alleged breaches of fiduciary duty during the re-structuring of a group of companies: LRH Services Ltd (In Liquidation) v Raymond Arthur Trew and ors [2018] EWHC 600 (Ch). Chris also assisted Hugh Jory QC and Hugo Groves on a successful three-day strike out/summary judgment application on behalf of defendant directors, in respect of claims against them for wrongful trading, transactions at an undervalue, preference and transactions defrauding creditors: Brian Johnson (as Liquidator of Strobe 2) v Christian Arden and ors [2018] EWHC 1624 (Ch) Commercial \tCredit hire agreements \tMortgage disputes \tCarriage of goods \tAgricultural contractual disputes \tEnforcement of an adjudicator’s award in a construction dispute \tClaims under guarantees and indemnities \tDebt recovery and enforcement Wills, Trusts and Probate \tInheritance Act claims, including advising the representatives of a minor \tTOLATA claims by co-habitees, spouses and trustees in bankruptcy (as to the latter, see Bulathwela v Thomas and anor [2019] EWHC 3511 (Ch)) \tAn application to revoke letters of administration \tAn application for an account by will trustees \tThe proper interpretation of a will drafted by the deceased \tRepresenting an executor at a probate registry summons Property \tActed on behalf of a commercial sub-tenant seeking relief from forfeiture \tAdvised on commercial lease forfeiture, notices and renewal proceedings \tRepresented and advised landowners in boundary disputes \tActed on behalf of landlords and chargeholders in a variety of possession claims, including mortgage and trespass claims \tAppeared for trespassing protestors in a mining dispute \tAdvised on rights of way and other easements in domestic and commercial contexts \tActed and advised on a variety of TOLATA claims

Hugo Groves

Hugo has many years experience of dealing with insolvency related matters including those with an American and cross border element. He also deals with a broad range of company, partnership and commercial matters. Hugo previously worked as a solicitor in a City firm which has given him an insight into the demands and expectations of business clients. Hugo’s approach to problem solving is both practical and commercial, which has given him the reputation of being both user friendly and responsive to client demands Insolvency & Restructuring All aspects, corporate and individual, including all stages of the winding up and bankruptcy process, disputed debts and insolvency appeals. Also EC Regulation cases and Chapter II cases Commercial Litigation for and against banks involving securities, mortgages and guarantees. Breach of share sale and asset sale agreements Company All aspects Including directors duties, directors’ disqualification and shareholder litigation; and partnership disputes Partnership and LLP All aspects Including directors duties, directors’ disqualification and shareholder litigation; and partnership disputes

Amit Gupta

Amit has a strong commercial and chancery practice with a heavy emphasis on contentious insolvency (corporate insolvency, LLPs, partnerships and bankruptcy), commercial disputes, company law (including directors’ duties, shareholder disputes and unfair prejudice petitions), company directors’ disqualification proceedings and bank recovery proceedings (charges, mortgages, guarantees and indemnities). He has considerable experience of directors’ disqualification proceedings, having been appointed to the Attorney General’s CDDA provincial B Panel. He frequently represents the Secretary of State and directors. Amit has a strong following of solicitors and lay clients that will always choose him for their work. He prides himself on giving clear and practical advice, quickly absorbing complicated instructions in order to give clear bite-sized advice whilst sharing the workload with his instructing solicitors. Amit is regarded as being user-friendly and accessible. Insolvency & Restructuring Insolvency work forms the majority of Amit’s practice and includes all aspects of company, LLP, partnership and individual insolvency. His experience ranges from applications to set aside statutory demands, injunctions, bankruptcy petitions, administration applications, antecedent transaction claims (misfeasance, TUVs, preferences, s.423 IA 1986), unlawful dividends and distributions, voting appeals, wrongful trading and all other areas of insolvency. He has appeared in the High Court on numerous occasions in applications seeking to cure defective out of court administration appointments, high value contested bankruptcy petitions, bankruptcy tourism cases, contested applications to annul and misfeasance trials. He acts for individuals, companies, partnerships, LLP’s, unincorporated associations, banks, accountants and most often insolvency practitioners. Commercial Amit has considerable experience in commercial litigation, which makes up a significant part of his practice and includes breach of contract claims, unfair contract terms, bank recovery proceedings, civil fraud, breach of warranty, confidential data cases, guarantees/indemnities, rectification, non-est factum and negligence. Amit also has a wealth of CPR-based experience alongside his commercial practice, which includes (world-wide) freezing orders, security for costs, extended civil restraint orders, passport delivery-up orders, specific disclosure, relief from sanctions and appeals. Company Amit appeared in the leading case of Fivestar Properties Limited [2015] EWHC 2782 (Ch.) in which the court considered the boomerang effect of restoration where a company is dissolved and the freehold of a property has been disclaimed by the Crown. Amit has also appeared in and advised on numerous claims concerning the effect of articles of association, shareholder disputes, unfair prejudice petitions, company restoration, late registration of charges and just and equitable winding up petitions. Company Directors Disqualification Amit has been appointed Junior Counsel to the Crown (Midlands Panel) and has for the last 4 fours acted for the Secretary of State / Official Receiver. He also represents directors. He often advises on such claims, drafts correspondence and drafts evidence in disqualification claims and is very experienced in interim hearings and trials. Banking and Finance Amit is also regularly instructed to act for high street banks in litigation concerning guarantees/indemnities, securities, the recovery of assets the appointment of LPA receivers and registration of charges out of time.

Duncan Heath

Duncan has an impressive all-round Chancery practice covering both traditional and commercial work with a particular focus on insolvency and commercial disputes, as well as property and contentious trust issues. He also maintains a busy probate and Inheritance Act practice. Duncan has a First Class Degree in German. Duncan mainly appears in the High Court in Leeds, Manchester, Newcastle and London. He also appears regularly in the county courts, representing claimants and defendants at trial and on appeal. He has considerable court room and trial experience. Insolvency & Restructuring Duncan regularly represents Insolvency Practitioners and private individuals faced with insolvency proceedings. His extensive property and contentious trusts practice makes him ideally placed to advise Insolvency Practitioners on the composition of the insolvent estate and third party interests in the same. His work typically extends to: applications to set aside statutory demands, bankruptcy petitions, applications to restrain winding-up petitions, administration applications, clawback proceedings (misfeasance, TUV, preferences, s.423 IA 1986) and the like. He is also experienced in dealing with cross-border issues such as COMI disputes and recognition applications. Commercial Duncan has a burgeoning commercial practice, which has recently seen him instructed against Leading Counsel on several occasions. Recent work includes: \tAppearing against Leading Counsel to overturn a summary finding of dishonestly assisting a breach of trust in a commercial transaction. \tAppearing against Leading Counsel in a dispute about the beneficial owner of shares in a Sri Lankan company and whether a loan had been assigned. \tActing for a claimant seeking restitution against the defendant who had received a payment into its bank account following a fraud being perpetrated on the claimant via Nigeria. \tActing in a claim for breach of warranty on the sale of shares in a dental practice. \tRepresenting Lincoln City Football Club in the 3 day trial of a claim brought by a former England international footballer (issues arising – unjust enrichment, restitution, ostensible authority of agent). \tAppearing at trial for a Company to successfully enforce a personal guarantee given in a trade credit application form. \tAppearing at first instance and on appeal against leading Counsel to oppose a bank’s application for a stay on grounds of abuse of process because the borrower had issued similar claims in England and Ireland; \tRepresenting a German client in a freezing injunction application, in which third parties claimed ownership of the frozen monies. Company Duncan acts and advises in shareholder disputes and unfair prejudice petitions. Property Duncan is regularly instructed in property claims including issues such as boundary disputes, rights of way, adverse possession, landlord and tenant disputes, proprietary estoppel and co-ownership disputes. Wills, Trusts and Probate Duncan has substantial experience in claims under TOLATA 1996, trustees’ duties and powers and breach of trust claims and remedies. He also has particular experience and interest in probate actions and claims brought under the Inheritance (Provision for Family and Dependants) Act 1975. He is frequently instructed in cases where trusts law overlaps with other areas, for example insolvency, company and inheritance disputes. Professional Negligence and Disciplinary Duncan acts in professional negligence claims against legal representatives and others.

Stephanie Jarron

Stephanie is an incisive advocate, good with clients and judges alike. She is known for getting straight to the heart of a dispute and valued for her good judgment. Stephanie’s main areas of practice are property, wills, trusts and probate, partnerships and mediation. Property Her real property work encompasses everything from beneficial interest claims, to mortgages and contracts for sale, commercial leases, restrictive covenants, easements and proprietary estoppel claims. She has particular expertise in farming proprietary estoppel cases: Thompson v Thompson [2018] EWHC 1338 and Wills v Sowray [2020] EWHC 939 (Ch) Wills, Trusts and Probate She has extensive experience of contentious probate work including Inheritance Act claims, challenges to the validity of wills and applications to remove executors. Allied to this, Stephanie has developed expertise in Court of Protection work, including disputes between property and affairs attorneys and setting aside transactions for undue influence. Partnership and LLP Stephanie has extensive experience of partnership disputes: from accountants to general practitioners, dentists, vets and even suppliers of car parts. She is well-regarded for her financial analysis and grasp of technical detail, which is often crucial for success in this area. Professional Negligence and Disciplinary Stephanie’s professional negligence practice largely arises from her main practice areas, in particular solicitor’s and surveyor’s negligence. Mediation and ADR Stephanie combines practice at the Bar with her work as a mediator. She is valued for her empathy with the parties, whether business people or bereaved family members and is often able to achieve a settlement which at the outset would appear impossible.

Simon Jones

Simon is a commercial chancery barrister with expertise in property, commercial, insolvency and financial services litigation. Simon has appeared as sole counsel before the Court of Appeal, High Court, Upper Tribunal (Tax and Chancery Chamber), and has been led on high-value commercial cases. Simon also appears before the Financial Conduct Authority’s Regulatory Decisions Committee. He is frequently instructed on high-value, complex litigation. Commercial Simon provides expert advice and representation in a wide range of business disputes, including contractual disputes, guarantee claims, shareholder disputes, misrepresentation, civil fraud, remedies for breach of contract, claims for specific performance, accounts of profits, and asset recovery. Simon is equally adept as sole counsel or as part of a larger counsel team and appears in hearings ranging from urgent interim applications to trials. Whether acting for multi-national companies, SMEs or individuals engaged in commercial disputes, Simon prides himself on ensuring his advice and representation reflects the commercial realities of a case and is focused on the business objectives of his clients. Recent and ongoing work includes: \tRepresenting (as sole counsel) the defendants in an ongoing dispute concerning the establishment and operation of a joint venture company for the development of land. \tRepresenting (as junior counsel) the Claimants in a claim concerning breach of contract, fraudulent misrepresentation, and breaches of FSMA 2000. \tAppearing (as junior counsel) for one of the respondents in a US$540m freezing injunction. \tRepresenting a global charitable foundation seeking a freezing injunction in connection with its commercial activities. \tRepresenting an energy supplier in resisting interim injunctive relief and in seeking security for costs. Property Simon accepts instructions in all areas of property. His practice includes commercial and residential landlord and tenant disputes and real property. Simon has particular interest and expertise in the renewal of business tenancies, forfeiture, breach of covenant, easements, land registration and priorities, party walls, and the transfer of real property. With a solid foundation in insolvency, Simon has a particular interest in property cases with an insolvency element such as where a landlord enters liquidation or administration. Simon is frequently consulted by landlords prior to the commencement of claims, where his advice can be deployed to obtain the best outcome Recent cases include: \tAppearing unled in the Court of Appeal in a case concerning the nature of notices seeking possession on the basis of arrears of rent. \tRepresenting a commercial tenant in a dispute concerning the maintenance of a city-centre office building. \tRepresenting a marina in a dispute concerning the scope and enforceability of covenants contained in a transfer of land. \tRepresenting the claimant at a three-day trial concerning damage to a terrace property caused by works in the adjoining property. \tAdvising and representing an applicant seeking to overturn a fine issued for the operation of an unlicensed house in multiple occupation. \tAdvising a company in respect of a 1998 transfer of land that mistakenly omitted part of the land intended to form a new freehold title. \tAdvising a group of sub-lessees on the effect of the liquidation of the head lessor and the disclaimer of the head lease. Insolvency & Restructuring Insolvency is a large part of Simon’s practise. He acts for office holders, creditors, and debtors in all stages of personal and corporate insolvency. Simon acts for office holders seeking to realise assets for the benefit of insolvent estates or to challenge preferential transactions. Simon also acts for both creditors and debtor in applications to set aside statutory demands, applications to restrain advertisement of winding up petitions, and in challenges to voluntary arrangements. Simon is particularly interested in insolvency work where it intersects with his other core practice areas. He has a growing expertise in property related insolvency issues such as disclaimer of leases following liquidation Recent cases include: \tRepresenting a group of applicants seeking to challenge a multimillion-pound CVA. \tRepresenting the FCA in seeking a just and equitable winding up of a company pursuant to s.367 FSMA 2000. \tAdvising the Council of Licensed Conveyancers in respect of the assets of an insolvent, formerly regulated, firm. \tAdvising a trustee in bankruptcy seeking to realise assets pursuant to an order for bankruptcy made in 1995. \tAdvising the director of an insolvent company facing a claim against him personally alleging wrongful reuse of a company name. \tAdvising a defendant company in respect of a claim by a trustee in bankruptcy who was contending certain payments made prior to the bankruptcy amounted to preferences. Banking and Finance Simon undertakes a wide range of banking work in respect of guarantees, mortgages, and facility agreements. Simon acts for lenders and financers as well as corporate and individual borrowers. Through a secondment to the Financial Conduct Authority in 2016 Simon has also gained a detailed understanding of financial services regulation. In private practice, Simon regularly accepts instructions from the FCA, private individuals, and companies on all matters concerning financial services and financial services regulation. Recent cases include: \tRepresenting an asset finance company in a claim against the principal debtor and various guarantors. The defences raised matters of undue influence, misrepresentation and non est factum. \tAdvising a borrower on whether a £25m loan was unenforceable for breaching FSMA 2000. \tAdvising on the enforceability of a mortgage for business purposes secured against residential property. \tRepresenting the FCA in an ongoing High Court claim concerning the unauthorised establishment and operation of an investment scheme resulting in significant consumer losses. \tRepresenting the FCA on a two-day reference to the Upper Tribunal following the refusal to authorise a company to carry out regulated activities. \tAdvising a start-up company as to whether its business amounted to a collective investment scheme such that it required FCA authorisation. \tRepresenting the FCA before the Regulatory Decisions Committee

Marilyn Kennedy-McGregor

Marilyn specialises in work which is likely to become adversarial and is known both for negotiating attractive pre-trial settlements for her clients and her forceful advocacy. In recent years she has appeared in an increasing number of high value 1975 Act claims, many of the cases also involving beneficial interests and attempts to set aside wills for undue influence or lack of testamentary capacity. Her commercial work frequently concerns contractual and other disputes relating to land, and particularly failed property joint ventures. She is often brought into disputes at a very early stage in order to advise on an effective tactical approach to achieve the client's desired outcome. For more detailed information, please consult the barristers' section on www.11sb.com.

Niall McCulloch

Niall specialises in commercial law (including commercial fraud), offshore and international work (notably in the BVI as well as other jurisdictions), insolvency and restructuring and company law (with a particular emphasis on shareholder disputes). He regularly appears in the Commercial Court, the Chancery Division and in the BVI Commercial Court. He also regularly appears in arbitrations including inter alia ad hoc, LCIA. Commercial Niall regularly acts in complex fraud and asset tracing claims, often with an international element. He also acts in a range of commercial matters from contractual disputes to guarantees. He is also experienced in obtaining freezing orders both in England (including in support of foreign proceedings) and in off shore jurisdictions Offshore and International The majority of Niall’s work contains an international element and he spends much of his time advising and acting in off-shore matters, particularly in the BVI. Insolvency & Restructuring Niall’s insolvency practice is focussed on corporate insolvency, with a particular emphasis on misfeasance and directors’ duties, cross border insolvency and restructuring and Section 423. Company Niall has a particular emphasis on shareholder disputes, director’s duties and director disqualification.

Cristín Toman

Cristín has a strong commercial chancery practice, with particular expertise in all aspects of insolvency law, commercial dispute resolution and property litigation. She is especially recommended for commercial injunctions. Cristín is appointed to the Attorney General’s Regional Panel of Junior Counsel to the Crown. Insolvency & Restructuring Cristín is known for her expertise in this area. She has a broad range of experience in corporate and individual insolvency matters and regularly acts and advises in proceedings concerned with all aspects of administration, liquidation and bankruptcy, including asset recovery proceedings, remuneration applications Berkeley Applegate applications and disputed debts. She has particular expertise in matters concerning validity of office holders’ appointments. Commercial Cristín regularly receives instructions in connection with high value commercial disputes and partnership disputes. She has acted for clients from a wide range of businesses including banking, manufacturing, the legal profession, litigation support services, insolvency practitioners and suppliers of food. She has particular experience and expertise in commercial injunctions. Banking and Finance Cristín has a strong practice in Banking & Financial Services. She regularly represents banks and their customers in connection with enforcement of mortgages, loans and guarantees. She is experienced in cases raising issues of undue influence, unconscionable bargain, constructive trust and unfair relationships. Company Cristín is experienced in Company disputes. She advises and represents Companies, directors and shareholders in relation to proceedings for breach of directors’ duty, unfair prejudice petitions and shareholder disputes. Company Directors Disqualification Cristín acts for the Secretary of State and for Company directors in connection with disqualification applications. Property Cristín practises in all areas of real property and landlord and tenant, both residential and commercial. She is especially recommended for property injunctions. She contributes to the Business Tenancies Chapter of the Landlord and Tenant Factbook (Sweet & Maxwell Ltd). She regularly advises and represents landlords, tenants and other property owners in connection with a variety of property matters including trespass and interference with easements and rights of way, termination and renewal of business tenancies, forfeiture of commercial leases, rent review clauses, beneficial interests and co-ownership.

Bruce Walker

Bruce specialises in property advice and litigation. He is also very experienced in wills, trusts and probate, as well as partnership disputes, banking, construction, insurance and professional negligence matters. Property Bruce has extensive experience in real property litigation and advice. Some key areas in which he regularly advises and litigates are: \t Conveyancing: contracts, transfers, s.2 LP(MP)A 1989, construction, rectification, specific performance, termination for breach, options, pre-emptions, overage clauses \tLand registration: priority of interests, alteration and rectification of the register, applications to the First Tier Tribunal \tMortgages and charges: legal, equitable, priority, undue influence, mortgagee’s duties, charging orders \tRestrictive covenants: whether binding, enforcement in the courts, removal or modification in the UT Lands Chamber \tBoundaries and adverse possession \tEasements and profits: acquisition by express grant / reservation, implication and prescription, rights of way, rights to park, water rights, rights of support, shooting, interference, injunctions \tTrespass \tNuisance: tree roots, water, noise etc \tCo-ownership: express, constructive and resulting trusts, equitable accounting, TLATA 1996 \tJoint ventures and partnerships \tProprietary estoppel \tLicences \tProfessional liability \tPlanning Landlord and Tenant Landlord and tenant work is a mainstay in Bruce’s practice. Regular work includes: \tCommercial, agricultural and residential tenancies, licences and service occupiers \tLandlord and Tenant Act 1954 renewal \tAgricultural Holdings Act 1986 including succession, and Agricultural Tenancies Act 1995 farm business tenancies \tTermination and possession: including forfeiture, relief and waiver, surrender, disclaimer, break clauses, merger \tCovenants against assignment or other alienation \tDilapidations \tRent review \tConstruction and rectification Wills, Trusts and Probate Bruce regularly advises and litigates in the fields of wills, trusts, probate and administration. His work includes: \tProbate claims (due execution, testamentary capacity, knowledge and approval, undue influence, forgery, fraud) \tChallenges to inheritance, including ademption, satisfaction, election, deathbed gifts, promises to leave property by will, setting aside lifetime gifts for undue influence or lack of capacity. \tConstruction and rectification of wills. \tAdministration actions (beneficiary and trustee disputes, removing executors and trustees, restraining powers to appoint new trustees, trustees’ duties and powers, distribution and winding up). \tConstruction of trusts and powers, distribution, perpetuity. \tTrusts in the home (express, constructive and resulting trusts, equitable accounting, TLATA 1996). \tClaims under the Inheritance Act 1975. Commercial \tPartnership \tBanking (mortgages and guarantees) \tConstruction \tInsurance \tProfessional negligence \tConfidential information injunctions

Geoffrey Zelin

Geoffrey Zelin has built a broad-based practice encompassing all aspects of commercial and chancery litigation, often appearing against silks. He is particularly in demand for company law (including shareholder disputes and cases involving breaches of directors’ duties), corporate insolvency cases (including directors’ disqualification) and bankruptcy, as well as commercial contract disputes, the enforcement of bank securities such as mortgages and guarantees, fraud, property disputes and professional negligence claims, particularly those involving solicitors, accountants and surveyors. Banking and Finance Geoffrey has considerable experience in cases involving the enforcement of banking securities such as guarantees and mortgages acting for both banks and sureties. Many of his cases have an international element with sureties based in different jurisdictions, raising issues of jurisdiction and forum conveniens and Geoffrey has acted as an expert witness in foreign proceedings on the English law of guarantees. Commercial Geoffrey has acted for and advised in a wide range of commercial matters usually with a Chancery flavour including share sale agreements, property transactions, franchises, litigation funding. Company Geoffrey has a highly commended company practice, favoured by solicitors for his accuracy, practicality and realism. His practice includes all aspects of company work and he has a particular interest in directors’ disqualification, directors’ duties and shareholder’s disputes. He represented the respondents in Moxon v Litchfield [2013] EWHC 3957 (Ch) the claimant and petitioner in Re Infinite Renewables Ltd [2017] EWHC 1043 (Ch) as well as advising directors and shareholders on a wide range of other matters involving shareholder disputes, partnership and LLP disputes, claims for breach of directors’ duty and corporate insolvency. In relation to directors disqualification Geoffrey appeared in Re Park House Properties a leading authority on the duties of non executive directors Insolvency Geoffrey is widely commended for his keen legal brain and courtroom performance in insolvency work. A responsive, tenacious and considered advocate, he is often praised for his commercial pragmatism. His practice features an enviable track record in major insolvencies over the years including Imperial Consolidated in which Geoffrey represented and advised the administrators in relation to major asset recovery claims, Austin Rover (acting on behalf of the German creditors committee) and MF Global where he was instructed on behalf of the Tennesse Valley Authority, an agency of the US Federal Government. Geoffrey acted for the company on its appeal against a winding up order in Re LSI 2013 Ltd [2014] and has advised and acted liquidators, administrators and receivers in a number of matters, including asset recovery arising from breach of fiduciary duty, preferences and transactions at undervalues and the retrospective appointments of administrators where the original appointment was defective. Partnership and LLP Geoffrey has wide experience of all aspects of partnership law (including LLP’s) and has acted in numerous partnership matters involving questions of whether a partnership existed at all; the dissolution and winding up of partnerships; partnership accounts; retirement (including compulsory retirement) and expulsion of partners; liability of partners and partnership insolvency Property Geoffrey has an outstanding reputation across a range of property matters. Well respected by peers and colleagues alike, he is regularly called on to provide expert advice and advocacy in property and property-related matters. He has in recent years been engaged in Glatt v Sinclair [2011] EWCA Civ 1317 as well as advising one of the landlords in connection with the Bowlplex Ltd CVA and other cases in which he has been able to deploy his experience in the property/insolvency crossover. He advised and acted for one of the defendants on property issues arising in the JSC BTA Bank v Ablyazov litigation. Geoffrey has also acted in many cases involving trespass, adverse possession, easements and restrictive covenants (both their enforcement and their variation or discharge). Other cases include acting in a claim for damages to an historic waterfront building in Whitby caused by the over-dredging of the harbour; representing fashion designer Ashley Isham in a constructive trust/proprietary estoppel dispute involving questions of Marshall Islands company law; and acted for the purchaser in the Orientfield litigation arising out of the abortive purchase of a £25m house in London (Orientfield v Bird & Bird [2015] EWHC 1963 (Ch) and [2017] EWCA Civ 348). Professional Negligence and Disciplinary Geoffrey has wide experience of professional negligence cases involving solicitors, surveyor s, valuers, receivers and other professionals.