£15m Fraud claim dismissed

Daniel Kessler (led by Bridget Lucas QC from Fountain Court Chambers) appeared for the First Defendant in European Real Estate Debt Fund v Treon & Ors [2021] EWHC 2866 (Ch), a £15m claim for deceit. The Defendants successfully argued that the claim was time-barred, and the claimant could with reasonable diligence have brought their claim sooner. The

Suspension of Wrongful Trading ends but important questions remain

Under ss. 214 and 246ZB of the Insolvency Act 1986, where a director of a company knows, or ought to conclude that there is no reasonable prospect that the company will avoid going into insolvent liquidation or insolvent administration, he or she must take every step that a reasonably diligent person having both the knowledge,

Restrictions on winding-up petitions: update by Zara Mcglone

The Corporate Insolvency and Governance Act 2020 (‘CIGA 2020’), which entered into force on 26 June 2020, introduced the most significant changes to insolvency law in the United Kingdom for almost twenty years. These changes included temporary restrictions on creditors’ actions, which were set out in Schedule 10 to CIGA 2020 and were introduced in

The Courts after COVID: what might the ‘new normal’ look like?

In a speech to the Chancery Bar Association in March of this year titled “The direction of travel”, the new Chancellor, the Rt Hon Sir Julian Flaux, set out “some preliminary thoughts on the road ahead” as he takes stock of his new role. His speech[1] gave practitioners a glimpse at what the ‘new normal’

Alexander Cook & Daniel Kessler appear in a quantum judgment concerning the proper remedy when a director is found to have acted in breach of duty in diverting a business to another company

The High Court recently gave judgment in Davies v Ford [2021] EWHC 2550 (Ch) where Alexander Cook and Daniel Kessler represented the second and third defendants; a director found to have acted in breach of duty (“Director”) and the new company he incorporated with the first defendant (“NewCo”). The Court discussed the nature of the

Lara Hassell-Hart successful on two more urgent Part 8 claims for the Gas and Electricity Markets Authority in the High Court

The High Court on Friday gave declarations of insolvency sought urgently in relation to two energy supply companies, Igloo Energy Supply Limited and ENSTROGA Ltd. The declarations enable the regulator to take steps to revoke the companies’ energy supply licences and manage those customers’ energy customers going forward. Lara Hassell-Hart appeared in the Interim Applications