Cripps

Dispute Resolution, Insolvency & Corporate Recovery

Partner, Head of Dispute Resolution, Co-Head of Insolvency and Corporate Restructuring

William is a partner, head of the Dispute Resolution department and co-head of the Insolvency & Restructuring department.

As may be seen from the cases referred to below, William has a wide-ranging practice in commercial disputes and contentious insolvency developed over 15 years.

William has also developed a niche specialism in assisting clients in the factoring, invoice finance and Asset Based Lending sector recover losses under finance agreements. This often includes pursuing orders to freeze assets and enforcing guarantees, indemnities and legal charges.

William deals with all contentious corporate and personal insolvency matters, assisting office holders pursue claims against directors and shareholders of insolvent companies, or individuals. William has developed a particular specialism (supported by several recent reported authorities) in recovering unlawful dividends and/or unauthorised remuneration from shareholders and/or directors. In addition, William advises on antecedent claims including transactions at undervalue, preferences, misfeasance claims, possession proceedings and disputes concerning beneficial interests in residential property.

Key Recent Work Highlights: 

Acted for liquidator with successful breach of contract claim against major high street retailer Obtained summary judgment in High Court for invoice financier when a certificate of indebtedness was found to be conclusive as to the Defendant’s liability and quantum Acted for administrators of Toys R Us to recover large, disputed balances owed by international trade vendors Obtained judgment for liquidators in the High Court (upheld in the Court of Appeal) that remuneration and dividends received were unlawful and repayable Negotiated settlement terms for liquidator challenging fees debited under a US invoice finance agreement as unlawful Recovered for liquidator preferential payments of c£500,000 from directors, shareholders and associates Acting for Trustees to sell bankrupts’ properties, challenging declarations of trust and claims to beneficial interest Defending trustee’s decision regarding adjudication on proofs of debt

Reported Cases

 Richard Toone & Kevin Murphy v Dean Robbins & Richard Robbins [2018] BCC 728 Catalyst Business Finance Limited v Very Tangy Television Limited, Richard Tuckwell & Very Tangy Media Limited [2018] EWCH 1669 (QB) Steve Domsalla (trading as Domsalla Building Services) v Kenneth Dyason [2007] EWHC 1174 (TCC)”