Practice

Litigation and advice in the fields of Insolvency, Commercial Litigation, Company Law, Civil Fraud and Public Law.

Tiran has particularly extensive experience acting as sole counsel in substantial trials and applications. He is highly regarded for his courtroom advocacy and is recommended as a leading practitioner by Chambers UK and the Legal 500 in the field of Restructuring/Insolvency. He is also recommended in Who’s Who Legal in the fields of Restructuring/Insolvency and Company/Partnership. The directories have variously quoted:

“Very calm in a crisis, always dependable, very bright and one to watch.”
“He is phenomenally bright and is calm and collected…very easy to deal with and is very personable. He’s got a fantastic work ethic, is very good technically and is very calm and measured on his feet.”

“Tiran deals with instructions swiftly and efficiently: he’s hard-working, very approachable and a tenacious advocate.”
“He is extremely thorough and deeply impressive.”
“Very sharp and analytical, and possesses a great advocacy style”
“He is brilliant – his advice is very clear and his performances in court are very strong”
“Highly rated by sources for his courtroom skills”
“Effectively combines great intellectual vigour with case strategy, and adapts well to clients’ demands.”
“Extremely intelligent, practical and calm”

Practice areas

Insolvency & restructuring

Tiran has a particular depth of experience in insolvency litigation, including claims concerning transactions at undervalue and preferences, disputed winding up and bankruptcy petitions, administrations, applications to set aside statutory demands, public/private examinations, bankruptcy restriction orders, wrongful/fraudulent trading, cross-border insolvency matters and the appointment of provisional liquidators on the application of creditors and the Secretary of State. In addition to acting for companies, private litigants and insolvency practitioners, he also regularly represents HMRC and the Official Receiver (see Cases of Interest).

Commercial dispute resolution

Tiran has particularly extensive litigation experience as sole counsel in commercial disputes involving contract and tort claims, including freezing orders, other injunctive relief and claims with an element of civil fraud. He is able to draw from this extensive experience to provide advice to clients that takes into account the merits of a case from a court room perspective and deploy effective alternative dispute resolution where appropriate. (see Cases of Interest)

Fraud – civil

Tiran is regularly instructed in cases for the civil recovery of assets and the appointment of provisional liquidators in cases involving large scale international money laundering, tax frauds and errant company directors. He is well experienced in having to make complex, but urgent, applications to protect assets in the context of such claims. He is a preferred choice of HMRC and the Secretary of State for Business Innovation and Skills, giving him a unique insight into the effective representation of defendants facing fraud claims on the other side of the fence. (see Cases of interest)

Company law

Tiran advises and represents parties on issues of shareholder rights (including the drafting and litigating of s.994 petitions), directors’ duties, interim injunctions, company restorations, registration of charges and matters involving bona vacantia. He is also regularly instructed by the Secretary of State and defendants in directors’ disqualification proceedings. (see Cases of interest)

Administrative & public law

Tiran is regularly instructed on both sides of the fence on a wide range of public law matters including directors’ disqualification; civil asset recovery (NCA); competition law (OFT); large government contracts for the provision of services; public interest winding up petitions, bankruptcy restriction orders and company investigations (Secretary of State for Business, Innovation and Skills); and judicial review applications. He has acted for the Government in major cases over the years, including the Harmondsworth detention centre and MG Rover. (see Cases of interest)

POCA work & asset forfeiture

Tiran has been appointed to the Attorney General’s panels of civil counsel (currently B Panel) for nearly 10 years during which time he has been instructed on numerous successful claims by the National Crime Agency for civil recovery under POCA, often as sole counsel. He was junior counsel in the successful recovery of assets against the well publicised claim against Alexander Surin (see Cases of interest)

Alternative dispute resolution

Tiran’s extensive litigation experience means he is always conscious of advising clients of the most cost-effective and speedy resolution to a dispute. He is well versed in successfully conducting alterative dispute resolution methods. (see Cases of interest)

Additional info

Cases of interest
  • Botleigh Grange Hotel Ltd v HMRC [2018] EWCA Civ 1032 – Insolvency cross claims, interpretation of consent orders;
  • Re A&M Access Ltd [2017] EWHC 2756 (Ch) – Liquidators, company restoration, personal costs;
  • Brooks v Armstrong [2017] BCC 99 – Cross-appeal, Wrongful trading, directors’ duties, indemnity costs;
  • CFL Finance v Rubin [2017] BPIR 336 – Bankruptcy, IVAs, material irregularity;
  • Botleigh Grange Ltd v HMRC [2016] EWHC 3081 – Companies, cross-claims, insolvency;
  • Walker v National Westminster Bank Plc [2016] BCC 355 – Financial misselling, administrators’ duties;
  • Allfiled UK Ltd v Eltis [2016] FSR 11 – Injunction, breach of fiduciary duties by directors, conspiracy;
  • Re Kombinat Aluminijuma Podgorica A.D. (In bankruptcy) [2016] 1 BCLC 311 – Application pursuant to Cross-Border Insolvency Regulations 2006, arbitration;
  • Brooks v Armstrong [2015] BCC 661 – Wrongful trading, directors’ duties;
  • Re a Company [2014] EWHC 3925 (Ch) – objectionable trading practices, damage to company reputation and finances, advertisement of winding up petition;
  • Re RD Industries Ltd [2014] EWHC 2844 (Ch) – corporate factoring arrangements, directors’ disqualification;
  • Secretary of State v Feld [2014] 1 WLR 3396 – interpretation of court judgments and orders, directors disqualification;
  • HMRC v Sunico A/S [2014] EWCA Civ 1108 and [2013] S.T.I. 1713 – fraudulent conspiracy, unlawful means, MTIC VAT fraud;
  • NCA v Surin [2013] EWHC 3137; 3784 (QB) – civil recovery proceedings, property freezing orders, exclusions for legal expenses;
  • Elektromotive Group Ltd v Pan [2012] EWHC 2742 (QB) – Application to discharge freezing injunction, asset disclosure orders;
  • Sykes and Sons Ltd [2013] Bus LR 106 – advertisement of petition, costs;
  • Rubin v Coote [2011] BCC 596 – appeal of High Court decision granting liquidator sanction for a compromise;
  • Revenue and Customs Commissioners v Earley [2011] BPIR 1530 – application to revoke decision of creditors’ meeting where an injunction had been granted restricting a major creditor’s voting rights; jurisdiction of the High Court to hear application;
  • Abernethy v Hotbed Ltd [2011] BPIR 1547 – Appeal of decision on application to set aside statutory demand;
  • Re Hagemeister [2010] BPIR 1093 – application by a German bank to annul an English bankruptcy order in the context of a cross border insolvency. Principles under EC Regulation on Insolvency Proceedings 2000;
  • Re BA Peters [2010] 1 BCLC 110 – insolvent administration concerning distribution of monies from company client account subject to competing trust claims and retention of title clauses;
  • XYZ (acting as liquidator of ABC Ltd) v HMRC and another [2010] B.P.I.R 1297 – statutory prohibition of disclosure of documents to liquidator under s 236 Insolvency Act 1986 where there is objection by overseas prosecuting authority and intervention by the Secretary of State;
  • David Anthony Rubin v Michael John Coote [2010] BPIR 262 – application by liquidator for sanction of a compromise;
  • Shepherd v Official Receiver [2010] EWHC 681 (Ch) – appeal of challenge to Official Receiver’s conduct in bankruptcy estate, vexatious litigants;
  • Official Receiver v Baars [2009] BPIR 524 – jurisdiction to extend time for an application for a Bankruptcy Restriction Order;
  • Her Majesty’s Revenue and Customs v Potter [2008] BPIR 1033 -extent to which bankruptcy courts can interfere in VAT/Income tax matters under exceptional circumstances;
  • Official Receiver v William Bathurst [2008] BPIR 1548 – appeal before the Chancellor, establishing the extent to which moral obligations can be considered by the court on applications for Bankruptcy Restriction Orders;
  • Owen v Her Majesty’s Revenue and Customs [2008] BPIR 164 – appeal concerning the bankruptcy court’s ability to go behind income tax assessments;
What the directories and judges say

“He is a very bright junior barrister”
“Mr Nersessian’s, undoubted, silky skills”: judgment in Brooks v Armstrong [2015] EWHC 2289.
“Experienced in corporate and personal insolvencies”
“Experienced advocate who regularly appears before the Chancery Division acting as sole counsel. He is frequently instructed by government bodies, particularly in disqualification cases and matters involving alleged fraudulent activity.”
“Experienced advocate who regularly appears before the Chancery Division acting as sole counsel. He is frequently instructed by government bodies, particularly in disqualification cases and matters involving alleged fraudulent activity.”
“Tiran Nersessian is regularly instructed by the HMRC and the Department of Business, Innovation & Skills, and acts for officeholders and insolvent entities. He “knows his stuff,” is “very calm in his approach,” and is “good on his feet.”
“the incredibly hard-working and very approachable” Tiran Nersessian, who routinely handles directors’ disqualification and insolvency matters, as well as general commercial litigation. Nersessian “comes up with very good ideas and is very sensible.”
“…recommended for the strength of his expertise in insolvency matters, as well as commercial litigation” and “adding value to the work of his more senior colleagues, and is praised for taking a swift and efficient approach to proceedings both for the government and through private instructions.”
“a rising star and a good fighter”.

Career & appointments

Junior Counsel to the Crown (A Panel) 2016-
Junior Counsel to the Crown (B Panel) 2011-2016
Junior Counsel to the Crown (C Panel) 2006-2011
Member of the Commercial Bar Association and the Chancery Bar Association

Publications

Contributor to Annotated Companies Acts, OUP (ed. John Birds); Atkins Court Forms volume 8 (Companies); and Tolley’s Insolvency.

Education & awards

MA (Oxon), Jurisprudence
Jesus College: Viscount Sankey Scholarship and Benlian Trust Scholarship.
Lincoln’s Inn Lord Denning Major Scholarship and Hardwicke Entrance Award.

Languages

Fluent in Armenian