Sophy Tuck

Sophy has experience in many areas of insolvency law, and regularly acts in bankruptcy petitions, winding up petitions and associated applications. Experience includes:

• Advising about the validity of appointment of fixed-charge receivers.
• Representing a provisional liquidator in his successful application to court for directions.
• Advising a liquidator about potential claims against a company director in relation to apparent misappropriation of company property.
• Representing a liquidator in his successful application to fix the basis of his remuneration.
• Numerous applications arising from the Government’s Bounce Back Loan scheme, including on behalf of Barclays Bank and Lloyds Bank.
• Successfully representing a director in an administration application.
• Successfully applying for an annulment of a bankruptcy order under s. 282(1)(b) of the Insolvency Act 1986.
• Representing the successful petitioner in a disputed debt hearing.
• Drafting advice about the annulment of a bankruptcy order under s. 282(1)(a) of the 1986 Act.
• Re CGL Realisations Ltd (formerly Comet Group Ltd) (In Liquidation) – as a pupil, Sophy assisted Tiran Nersessian (led by Andreas Gledhill KC) in a case concerning associated companies and preferences under s. 239 of the 1986 Act. This case was recently heard by the Court of Appeal, and is presently the leading authority on preferences under English law.
• Sophy advised (as a pupil, assisting Tiran Nersessian) the former directors of an insolvent construction company as to the merits of claims against them for misfeasance under s. 212 of the 1986 Act and/or transactions at an undervalue under s. 238 and/or preferences under s. 239.
• As a pupil, Sophy assisted in a Guernsey case concerning allegations of misfeasance and unlawful means conspiracy against the former directors of an international construction company.
• Sophy advised (as a pupil, assisting Tom Gentleman) the supervisor of a company voluntary arrangement about the proper use of CVA funds in relation to litigation threatened against the company.
• Sophy advised (as a pupil, assisting Donald Lilly) on the effect of insolvency on a suite of loan and guarantee contracts between a number of Bermudan entities.

Sophy has gained wide-ranging company law experience, including:

• Representing a company in an application before the High Court to remove a Return of Allotment of Shares mistakenly filed under the Companies Act 1985.
• Re Compound Photonics Group Limited – an unfair prejudice petition under s. 994 of the Companies Act 2006 concerning an optical technology company. As a pupil, Sophy assisted Donald Lilly (led by Orlando Fraser KC) on behalf of the majority shareholders.
• Assisting Gregory Denton-Cox in drafting pleadings in relation to an unfair prejudice petition under s. 994 of the 2006 Act relating to an ethical fashion business.
• Advising (as a pupil, assisting Richard Hill KC) on whether directors’ indemnity insurance could cover the costs of resisting an unfair prejudice petition.
• As a pupil, Sophy assisted Tom Gentleman in drafting the particulars for a potential claim by shareholders against company directors who had refused to transfer shares in breach of the company’s Articles of Association.
• Sophy also advised a BVI company (as a pupil, assisting Jonathan Crow KC) on a potential application to join directors as parties to a shareholder dispute and, separately, a potential application for third party costs against the directors of a trust company.

Sophy’s experience of commercial dispute resolution includes:

• Republic of Mozambique v Credit Suisse and ors – assisting Tom Gentleman (led by Andrew Hunter KC and Sharif Shivji KC) in commercial litigation worth over US$2 billion, as a pupil. Sophy was subsequently instructed as counsel to advise on disclosure.
• Acting for an offshore life assurance company in two substantial group actions involving allegations of misrepresentation, breach of duty, and dishonest assistance in breach of fiduciary duty (led by William Buck).
• Appearing as sole counsel for the successful applicant in proceedings concerning the recognition of an award obtained in parallel litigation.
• Advising a company about a claim for the return of its property following its counterparty’s insolvency.
• Assisting Andrew de Mestre KC in advising a bank on the enforceability of a complex guarantee structure, as a pupil.
• Patel v Iqbal – Sophy assisted Donald Lilly in a case concerning the breach of a settlement agreement to repay sums which had been misappropriated from a construction business, as a pupil.

Sophy has experience in civil fraud cases, including: 

• Republic of Mozambique v Credit Suisse and ors – assisting Tom Gentleman (led by Andrew Hunter KC and Sharif Shivji KC) in a case worth over US$2 billion concerning allegations of bribery and unlawful means conspiracy. Sophy was subsequently instructed as counsel to advise on disclosure.
• Sophy acted for the claimant (led by Alex Cook KC) in a c. €43 million commercial fraud claim in the BVI concerning an allegedly fraudulently obtained consent order.
• Sophy drafted particulars of claim on behalf of the victim of an alleged ponzi scheme, seeking personal and proprietary remedies and making a claim for breach of the general prohibition in the Financial Services and Markets Act 2000.
• Patel v Iqbal – Sophy assisted Donald Lilly in a case concerning the breach of a settlement contract to repay sums which had been misappropriated from a construction business, as a pupil.
• Sophy assisted Gregory Denton-Cox (led by John Brisby KC) in a Guernsey case concerning allegations of misfeasance and unlawful means conspiracy against the former directors of an international construction company, as a pupil.

Sophy has significant experience of offshore litigation, including the following:

• Acting for an offshore life assurance company in two substantial group actions involving allegations of misrepresentation, breach of duty, and dishonest assistance in breach of fiduciary duty (led by William Buck).
• Sophy acted for the claimant (led by Alex Cook KC) in a c. €43 million commercial fraud claim in the BVI concerning an allegedly fraudulently obtained consent order.
• Advising on an application for service out of the jurisdiction, in relation to a third-party costs order made in the BVI.
• As a pupil, Sophy assisted in a Guernsey case concerning allegations of misfeasance and unlawful means conspiracy against the former directors of an international construction company.
• As a pupil, Sophy assisted Tom Gentleman in drafting the particulars for a potential claim by shareholders against company directors who had refused to transfer shares in breach of the company’s Articles of Association.
• Sophy also advised a BVI company (as a pupil, assisting Jonathan Crow KC) on a potential application to join directors as parties to a shareholder dispute
• As a pupil, Sophy (assisting Sharif Shivji KC) advised on a BVI application for third party costs against the directors of a trust company.
• Sophy advised (as a pupil, assisting Donald Lilly) on the effect of insolvency on a suite of loan and guarantee contracts between a number of Bermudan entities.

• Member, Chancery Bar Association
• Member, Commercial Bar Association

• BA (Hons) in Literae Humaniores (Classics), Corpus Christi College, University of Oxford
• MSt in Late Antique and Byzantine History, University of Oxford
• GDL (Distinction), University of Law
• BPTC, University of Law
• Charles Oldham Scholarship (Corpus Christi College, Oxford)
• De Paravicini Prize for Best Roman History Thesis (University of Oxford)
• Astbury Scholarship (Middle Temple)