Jack Fletcher

Jack accepts instructions on all aspects of insolvency law, including bankruptcy petitions, winding up petitions and associated applications. His experience in this area as a pupil included:

• Re CGL Realisations Ltd (formerly Comet Group Ltd) (In Liquidation): A £115.4m debt repayment was deemed to constitute a preference under s.239 of the Insolvency Act 1986 (the largest ever preference claim by value). Jack assisted Tiran Nersessian (led by Andreas Gledhill KC) in a 2-day appeal before the Court of Appeal in September 2023.
• Advising on the scope of the property that vested in a bankrupt’s estate under ss.283 and 436 of the Insolvency Act 1986 (assisting Tiran Nersessian).
• Advising on the powers of provisional liquidators in Bermuda to disclaim onerous contracts and the effect of a jurisdictional clause in those contracts (assisting Donald Lilly).
• Re Cimolai Spa and Luigi Cimolai Holding Spa [2023] EWHC 923 (Ch): Jack drafted a skeleton argument opposing a stay of a breach of contract claim in England under the Cross Border Insolvency Regulations (assisting Donald Lilly, led by Barry Isaacs KC).
• Drafting a defence to a claim which included allegations of transactions at an undervalue and preferences against a director, as well as breaches of fiduciary duties (assisting James Knott).
• Advising a creditor on their entitlement to statutory interest, where the debtor company had entered a members’ voluntary liquidation and paid their debt prior to receiving a proof of debt from the creditor (assisting Alexander Cook KC).

During pupillage Jack had significant exposure to company law matters, including:

• Davies v Ford [2023] EWCA Civ 167: A c.£4m+ equitable compensation and dishonest breach of fiduciary duty claim against the director and recipient company concerning the diversion of a waste recycling business. Jack assisted Alexander Cook KC (leading Daniel Kessler) in a 3-day appeal before the Court of Appeal.
• Re Carillion plc: Jack assisted Tiran Nersessian in relation to proceedings under the Company Director’s Disqualification Act (CDDA) arising out of the high-profile liquidation of Carillion.
• Assisting Tiran Nersessian (acting for the successful defendant) during the 2-day trial of an action under s.6 of the CDDA, concerning a corporate health and safety breach. Jack assisted on all aspects of the case, including drafting the skeleton argument and helping to prepare cross-examination notes and closing submissions.
• Advising a sole director on their powers in the context of the company’s articles of association and on the prospects of succeeding on a petition to wind up the company on the just and equitable ground (assisting Alastair Tomson).
• Advising a 50% shareholder, in a dispute with their co-shareholder, on options to extricate the value of their shares, including petitioning to wind up the company on the just and equitable ground (assisting James Knott, led by George Bompas KC).
• Drafting an unfair prejudice petition on behalf of one of three shareholders (each with equal shares of 33.3%), who was effectively excluded from management without a fair offer to purchase his shares (assisting James Knott).
• Advising on the interpretation of a pre-emption provision contained in a DIFC company’s articles of association and shareholders’ agreement (assisting Richard Hill KC).

Jack is well equipped to deal with commercial disputes. His experience during pupillage included:

• Advising on a claim for breach of contract (an alleged settlement agreement) relating to a debt owed by the director to the company under a director’s loan account (assisting James Knott). The advice also considered whether the settlement agreement was a regulated consumer credit agreement under the Consumer Credit Act 1974.
• Advising a company on a disputed debt (comprising accrued interest), in circumstances where it was alleged that the debt had been waived (assisting Alastair Tomson).
• Drafting the particulars of claim for a claim in debt and damages following the breach of a contract to provide corporate finance advisory services (assisting James Knott).
• Advising on the validity of two deeds of assignment by a company in circumstances where the assignee had provided limited or no consideration (assisting Alexander Cook KC).
• Re Cimolai Spa and Luigi Cimolai Holding Spa [2023] EWHC 923 (Ch): Jack drafted a skeleton argument opposing a stay of a claim in England under the Cross Border Insolvency Regulations (assisting Donald Lilly, led by Barry Isaacs KC).
• Addressing general CCMC matters, including the need for expert evidence, disclosure issues and cost budgets (assisting James Knott).

Jack worked on several matters with civil fraud elements during pupillage, including the following:

• Byers v Saudi National Bank: Jack assisted James Knott (led by Jonathan Crow KC) in drafting the skeleton argument for an appeal before the Supreme Court of a claim for the knowing receipt of shares, in circumstances where the claimant’s proprietary interest in the shares was extinguished on receipt. Judgment is outstanding, but this is likely to become the leading authority on knowing receipt under English law.
• Von der Heydt Invest SA v Mex Securities S.a.r.l & Ors: Jack assisted Alexander Cook KC (leading Guy Olliff-Cooper), acting for the claimant, in a c.€43 million commercial fraud claim in the British Virgin Islands arising out of an allegedly fraudulently obtained consent order.
• Drafting the grounds of appeal, skeleton argument and application notice in a case where a fiduciary had breached their duty to the company by (i) putting themselves in a position of conflict and (ii) taking advantage of opportunities belonging to the company (assisting James Knott).
• Assisting James Knott (led by Andrew de Mestre KC), acting for a major UK bank in a multimillion-pound claim in conspiracy and unjust enrichment against multiple defendants, in circumstances where freezing orders appeared to have been breached. Jack helped to draft affidavit evidence in relation to the claim.

Jack had significant exposure to matters involving an offshore element during his pupillage, including:

• Re a Nevis Trust (St. Kitts & Nevis) (in camera): Jack assisted Donald Lilly (led by Richard Wilson KC), acting for the trustee of an international exempt trust in Nevis, to prepare various category 1 and category 2 blessing applications made as a result of difficulties in effecting distributions to a large number of objects.
• Advising on the enforcement of an ICC arbitration award in one jurisdiction against a company incorporated in the British Virgin Islands, with its parent company in administration in another jurisdiction (assisting Donald Lilly).
• Advising on the powers of provisional liquidators in Bermuda to disclaim onerous contracts and the effect of a jurisdictional clause in those contracts (assisting Donald Lilly).
• Von der Heydt Invest SA v Mex Securities S.a.r.l & Ors: Jack assisted Alexander Cook KC (leading Guy Olliff-Cooper), acting for the claimant, in a c.€43 million commercial fraud claim in the British Virgin Islands arising out of an allegedly fraudulently obtained consent order.
• Advising on the interpretation of a pre-emption provision contained in a DIFC company’s articles of association and shareholders’ agreement (assisting Richard Hill KC).

Jack’s experience as a pupil included the following:

• Re a Nevis Trust (St. Kitts & Nevis) (in camera): Jack assisted Donald Lilly (led by Richard Wilson KC), acting for the trustee of an international exempt trust in Nevis, in preparing various category 1 and category 2 blessing applications made as a result of difficulties in effecting distributions to a large number of objects.
• Byers v Saudi National Bank: Jack assisted James Knott (led by Jonathan Crow KC) in drafting the skeleton argument for an appeal before the Supreme Court of a claim for the knowing receipt of shares, in circumstances where the claimant’s proprietary interest in the shares was extinguished on receipt. Judgment is outstanding, but this is likely to become the leading authority on knowing receipt under English law.
• PJSC National Bank Trust v Mints: Jack assisted James Knott, acting (led by John Machell KC) for the corporate trustee of a Cayman STAR trust in proceedings brought by two Russian banks against members of the Mints family and others.

As a pupil, Jack assisted Alexander Cook KC with several POCA matters, including:

• An application for the forfeiture of seized cash under s.298 of the Proceeds of Crime Act 2002 (POCA).
• An application for an account freezing order under s.303Z1(2) of POCA.
• Advising on the effect of ss.27A and 32 of the Limitation Act 1980 on proceedings to recover property allegedly obtained through unlawful conduct.

• Contributor to Tolley’s Insolvency Law Service.

• Chancery Bar Association
• COMBAR

• BVS, City Law School (Distinction)
• GDL, City Law School (Distinction)
• BA in Classics, Exeter College, University of Oxford (First Class)
• Nina Lowry Scholarship, Gray’s Inn
• Scholarship for Academic Excellence, City Law School
• First de Paravicini Prize for the best dissertation on a Roman topic, University of Oxford
• Henderson Memorial Prize for Ancient History, Exeter College
• Fitzgerald Prize for performance in Final Degree Examinations, Exeter College
• East Exhibition for performance in Qualifying Examinations, Exeter College
• Winner, Gray’s Inn Mooting Competition (2022), receiving the fifth Nicholls Prize for advocacy from Three Raymond Buildings
• Finalist, City Law School GDL Mooting Competition (2021)