Enterprise Chambers

Christopher Brockman

Chris practices in all areas of personal and commercial insolvency His practice areas include asset recovery on behalf of insolvency office holders, opposing and obtaining administration orders; compulsory winding up; wrongful trading/breach of directors’ duties claims; 236 applications to examine directors and examination of directors; defending trustees against claims for negligence/breach of duty; Bankruptcy Restriction Orders. He acts for the Secretary of State on various applications, including Company Directors Disqualification proceedings and public interest petitions. Over the last few years he has developed a particular speciality in interim applications, including freezing and proprietary orders and summary judgment applications. In the recent past Chris had been involved in numerous high profile personal and corporate insolvency cases and is frequently instructed by HMRC in relation to complex applications including on provisional liquidations. He has also successfully defeated challenges to several, and obtained personal cost orders against the directors. Chris is an accredited mediator helping to resolve insolvency related disputes. He is also an expert in the inter-relation of criminal law and the civil insolvency regime. Christopher is a member of the Insolvency Lawyers’ Association and he is also a CEDR Accredited Mediator. He has spoken at numerous courses and conferences. He is a contributor to Lexis Nexis PSL (insolvency module) and Gore-Browne on Companies as well as the author of numerous insolvency related articles. Insolvency & Restructuring Chris’s practice includes all aspects of company, LLP, partnership and individual insolvency. His experience ranges from applications to set aside statutory demands, bankruptcy petitions, administration applications, through clawback proceedings (misfeasance, TUV, preferences, s.423 IA 1986), unlawful dividends and distributions, CVA/IVA voting appeals/revocation/unfair prejudice applications. He is a specialist in interim applications, in particular provisional liquidations and freezing orders. Company Directors Disqualification Chris is Junior Counsel to the Crown Regional A Panel and appears for the Secretary of State/Official Receiver on disqualification applications. In addition, he has acted for many directors in disqualification proceedings, and on s.17 CDDA permission applications for leave to act as a director.

Claire Thompson

Claire spent her first three years practicing from Chambers’ London branch but has recently re-located to Chambers’ Bristol branch. Claire continues to regularly appear in London, as well as now having an emphasis on work in Bristol and South Wales. Since starting practice Claire has developed a broad commercial chancery practice in the above areas with a particular emphasis on any matter which involves a property or insolvency element allowing her to draw on her experience and expertise in these other areas. She frequently appears in the County Court, the First-tier Tribunal and the High Court, on all manner of property cases (including possession proceedings, easements/restrictive covenants, adverse possession and service charges), insolvency matters (covering all manner of both personal and corporate, directors’ duties and other insolvency processes) and bank recovery proceedings (charges, mortgages, guarantees and indemnities). Claire has extensive experience representing clients at mediation. She is also a CEDR accredited mediator and accepts instructions to act as mediator in disputes in any of the above practice areas. Property Claire’s practice focuses on property litigation. She represents clients across a broad spectrum of property work including landlord and tenant (residential and commercial possession claims, business lease renewals, breach of covenant, dilapidations, service charge disputes), easements and restrictive covenants, adverse possession claims. Claire’s recent property experience includes: Successfully representing a landlord in obtaining possession against a Rent Act protected tenant; Successfully representing a social housing landlord in committal proceedings against a tenant for breach of an anti-social behaviour injunction; Advising on rights of way and claims for adverse possession in relation to both registered and unregistered land, including drafting grounds of opposition for the Land Registry; Advising in relation to a claim in respect of breach of a restrictive covenant in a parking deed; Obtaining an interim injunction to prevent sale of a property where an interest in the property was being claimed on the basis of proprietary estoppel; Successfully acting for a landlord in proceedings in the First Tier Tribunal in relation to the tenant’s liability to pay service charges where the tenant alleged that they were unreasonable and incorrectly demanded where it was necessary to argue estoppel by convention on the part of the landlord; Advising a landlord on their rights to bring forfeiture proceedings where the company has gone into administration; Acting for a landlord in recovering rent arrears and defending a counterclaim in misrepresentation in relation to the energy costs of the property based upon the energy performance certificate. Insolvency & Restructuring Claire acts for both insolvency practitioners and debtors in both the corporate and individual sphere and does a complete range of work in this area. She has a particular emphasis on insolvency work where there is also a property element such as tenants going into liquidation, administration or entering into a CVA. Claire’s company practice generally involves a cross over with her insolvency practice. She regularly acts in matters involving breach of directors’ duties on behalf of insolvency practitioners and directors alike where the company has subsequently gone into liquidation. Claire’s recent insolvency experience includes: Successfully representing a trustee in bankruptcy in a possession and sale application disputed on the grounds of an interest by virtue of proprietary estoppel/a common intention constructive trust; Successfully representing a liquidator of a company in an application against a director for misfeasance and breach of fiduciary duty; Obtaining an order that sums paid into court in advance of an ultimately unsuccessful annulment application could be claimed as after acquired property where the money had not been loaned for a specific purpose; Obtaining an order appointing interim managers pending the final hearing of an administration application where the administration order would trigger the forfeiture clause under the lease; Acting in Proceed of Crime Act proceedings for a bankrupt on the issue of whether compensation payable where the Bankrupt was a cause of action which vested in the trustee in bankruptcy. Successfully representing a liquidator in obtaining an order against a director for breach of their duties under the Companies Act 2006 where the director sought to rely upon s.1157 of the Companies Act 2006; Obtaining an order for permission to act whilst disqualified as director of a Company; Obtaining an order for permission to use a company name prohibited under s.216 of the Insolvency Act 1986. Banking and Finance Claire acts predominantly for lenders, advising and representing at all stages. She frequently appears and acts in relation to the enforcement of charges, mortgages, guarantees, LPA receivership cases. She has a particular interest in cases which cross over into the insolvency or property sphere. Her recent cases include: Successfully representing a lender at a summary judgment hearing where the defendant guarantor was relying upon a provision in a CVA prohibiting enforcement action against the director whilst the CVA was in force, where the principal debtor had gone into liquidation Advising receivers in relation to how to deal with unregistered tenancies of longer than 3 years, rent act tenancies, and assured tenants in HMOS granted by a mortgagee; Obtaining an order against a guarantor where the guarantor was running a number of defences including non-compliance with the new debt pre-action protocol. Representing a secured lender in protecting their priority in Proceeds of Crime Act proceedings in the Crown Court, and varying a restraint order to reflect this. Wills, Trusts and Probate Claire accepts instructions in relation to all aspects of this areas, but has particular expertise in relation to advising both executors and prospective claimants in relation to claims under the Inheritance Act 1975. She is frequently instructed to advise on both the merits and quantum of such claims. Claire’s recent experience includes: Successfully obtaining an order on behalf of co-execturices for the removal of a caveat in the Principal Registry of the Family Division; Representing a protected party at mediation in obtaining a settlement and subsequently obtaining court approval of that settlement and with the impact of connected issues of power of attorney and the appointment of deputies in the Court of Protection; Acting for an executor of an estate in successfully resisting a claim under the Inheritance Act 1975; Acting for an adult child in a claim for reasonable financial provision under the Inheritance Act 1975. Commercial Claire also accepts instructions in general commercial matters and has acted on all manner of construction, general contractual and sale of goods disputes. Her recent experience includes: Representing a commercial construction client in reducing a claim for unpaid invoices below the small claims threshold and then obtaining an adverse costs order against the claimant despite having received a small judgment in their favour; Advising a freeholder as to limitation under the Latent Defects Act 1986 a claim against a construction company for sub-standard structural works; Acting for a leading clothing retailer in successfully defending a number of claims made by customers for a refund of purchase price under the Consumer Rights Act 2015; Successfully defending a car hire company in a claim for parking charges, involving a dispute over the construction of the hire agreement clauses and paragraph 13 of Schedule 4 of the Protection of Freedoms Act 2012. Company Directors Disqualification Claire’s insolvency and re-structuring practice also has a substantial cross-over with her work in relation to Company and Company Director’s Disqualification. She regularly acts in matters involving breach of directors’ duties on behalf of insolvency practitioners and directors alike where the company has subsequently gone into liquidation and has significant expertise in Company Director’s Disqualification matters. Her recent experience includes: Successfully representing a liquidator in obtaining an order against a director for breach of their duties under the Companies Act 2006 where the director sought to rely upon s.1157 of the Companies Act 2006; Obtaining an order for permission to act whilst disqualified as director of a Company; Obtaining an order for permission to use a company name prohibited under s.216 of the Insolvency Act 1986.

Daisy Brown

Daisy specialises in all areas of contentious insolvency, company law, property and wills and trusts. She also appears regularly in directors’ disqualification matters and is on the Attorney General’s Regional Panel B. Insolvency & Restructuring Daisy’s practice includes all aspects of company and individual insolvency. Her experience ranges from applications to set aside statutory demands, bankruptcy petitions, administration applications, clawback proceedings (misfeasance, TUV, preferences, s.423 IA 1986), unlawful dividends and distributions, CVA/IVA voting appeals and partnership liquidations. She has particular experience in personal insolvencies involving issues concerning ancillary relief. Company Directors Disqualification Daisy regularly appears for the Secretary of State under her appointment as Junior Counsel to the Crown Regional B Panel, advising on and presenting disqualification cases in court. She also acts for defendant directors. Company Daisy is regularly instructed in cases concerning director’s duties, shareholder disputes, unfair prejudice petitions and just and equitable winding up petitions. Property Daisy’s property practice includes regular instructions in the High Court, County Court and First Tier Tribunal in relation to disputes about beneficial interests, proprietary estoppel, landlord and tenant, boundary disputes, easements and rights of way. She has considerable experience in agricultural matters including cases concerning equine law. Mediation and ADR Daisy is a trained mediator and accepts instructions to mediate in all matters within her practice areas.

Jeremy Bamford

Jeremy specialises in commercial litigation with a particular emphasis on all aspects of contentious insolvency (corporate insolvency, LLPs, partnerships and bankruptcy), company law (including directors’ duties, shareholder disputes and unfair prejudice petitions), company directors’ disqualification proceedings and BROs, disciplinary, licensing and regulatory proceedings involving insolvency practitioners (acted for the ICAEW on boo.com) and bank recovery proceedings (charges, mortgages, guarantees and indemnities). He has appeared in over 25 reported insolvency and CDDA cases. He has considerable practical experience of directors’ disqualification proceedings, having been appointed to the Attorney General’s CDDA provincial panel and is now appointed as Junior Counsel to the Crown Regional A Panel. He frequently represents directors, including in the high-profile World of Leather, Time Computers, Finelist, Farepak and UKLI disqualification cases. He is a contributor to Mithani: Directors’ Disqualification (Butterworths). Jeremy is a Council Member of the Insolvency Lawyers Association and is a member of the ILA Technical Committee. Insolvency & Restructuring Jeremy is a specialist insolvency barrister. Insolvency work forms the majority of his practice and includes all aspects of company, LLP, partnership and individual insolvency. His experience ranges from applications to set aside statutory demands, bankruptcy petitions, administration applications, through clawback proceedings (misfeasance, TUV, preferences, s.423 IA 1986), unlawful dividends and distributions, CVA/IVA voting appeals/revocation/unfair prejudice applications to solvent members’ voluntary winding up, along with pretty much most things in between. Company Jeremy has considerable company law experience dealing with director’s duties, shareholder disputes, unfair prejudice petitions and just and equitable winding up petitions. His reported company cases include Wilton-Davies v Kirk [1998] 1 BCLC 274, in which he obtained an interim order for the appointment of a receiver in an unfair prejudice petition and Dyment v Boyden and Bishop [2005] 1 WLR 792, one of the few unlawful financial assistance cases under s.151 CA 1985 to reach the Court of Appeal, where he acted at first instance and in the appeal for the successful defendants. Company Directors Disqualification Jeremy has considerable specialist experience of disqualification cases under the CDDA 1986. For many years he has acted for the Secretary of State / Official Receiver under his appointment to the Attorney General’s CDDA provincial panel and now as Junior Counsel to the Crown Regional A Panel, advising on and presenting disqualification cases at trial. In addition, he has substantial experience defending directors in disqualification proceedings, during the pre-issue investigation period, assisting with and drafting representations to avoid the issue of proceedings or narrow and clarify allegations, evidence in defence, defending directors at trial, disqualification undertakings and s.17 CDDA permission applications for leave to act as a director. He represented directors in the high-profile World of Leather, Time Computers, Finelist, Farepak and UKLI disqualification cases. He is a contributing editor to the specialist textbook Mithani: Directors’ Disqualification (LexisNexis). Commercial Jeremy has experience of a wide range of commercial litigation, including in particular bank recovery proceedings (enforcement of charges, mortgages, guarantees, LPA receivership), civil fraud (including dishonest assistance and knowing receipt), ROT, breach of warranty and general contractual disputes. Professional Negligence and Disciplinary Jeremy has particular experience dealing with Disciplinary and Regulatory matters involving IPs. He has advised and represented a number of the recognised professional bodies and insolvency practitioners in respect of disciplinary complaints and decisions to withdraw insolvency practitioners’ licences. He successfully represented the Investigation Committee of the ICAEW before the disciplinary committee (i) in a disciplinary complaint against 2 IPs concerning their appointment as provisional liquidators of boo.com, where there was a prior material professional relationship and (ii) in a disciplinary complaint against an IP concerning an invalid appointment as LPA receiver and duress and also acted before the Appeal Tribunal of the ICAEW in respect of that complaint. He successfully defended a solicitor/IP facing an investigation of a professional complaint by the Law Society and successfully represented an IP in an appeal to the Insolvency Service over their decision to withdraw his insolvency licence.

Stephen Davies

Stephen Davies KC is widely recognised as one of the most experienced litigators of issues relating to the law and practice of insolvency, also ranging into banking and finance and the disqualification of directors. A standout silk who has published widely on insolvency law and practice. In addition to corporate and personal insolvency, he has a particular expertise in asset recovery and directors’ liability. He has extensive experience assisting trustees in bankruptcy and private individuals with complex, high-value claims surrounding personal insolvency. A highly regarded KC whose banking practice is informed by his specialism in restructuring and insolvency. He has additional expertise in relation to allegations of the manipulation of financial benchmarks, and has appeared in high-profile cases concerning fraudulent Libor manipulation. A perfect choice for banking and insolvency disputes. Sources commend his lengthy experience practising litigation and reveal his impressive reputation in the market. His expertise includes misrepresentation, breach of duty and Libor manipulation. Insolvency & Restructuring Stephen advises and acts for various stakeholders in litigation relating to all forms of the law and practice of insolvency, in respect of which he has appeared in over 100 reported cases. He has advised in relation to many high-profile insolvencies, including Lehmans, Madoff, AIB, Rangers FC, Carillion, Shlosberg, Maud, Asil Nadir and Wind Hellas. In 2019 he has been instructed in cases relating to the artificial distressing of corporate customers by their bankers, Berkeley Applegate orders, negligence of insolvency professionals, sports insolvencies, the removal of insolvency office-holders and pursuing or defending a range of clawback claims. Banking and Finance During 2013 and 2014 Stephen was lead counsel acting for Graiseley Properties Limited in its test case in the Commercial Court (Mr Justice Flaux) against Barclays Bank plc alleging that the bank’s admitted manipulation of LIBOR submissions and also its knowledge of dishonest LIBOR submissions were grounds for rescinding swap transactions which used LIBOR as their reference rate. The case involved disclosure of c200,000 documents relating to Barclays’ LIBOR submissions during the period of its admitted manipulations. After a series of contested case management conferences and a pre-trial review, the litigation settled shortly before trial in late April 2014. Thereafter he has been instructed in numerous similar cases, in all of which a settlement has been achieved, including Criterion, Wall, Holgate, Rhino and Wingate. He is currently representing Ventra Properties Limited (In liquidation) against Bank of Scotland Plc, the trial of which is scheduled to start in January 2020. Company Directors Disqualification Stephen has appeared in the majority of reported cases concerning “fairness” in directors’ disqualification litigation and is one of the most experienced barristers in the UK appearing in directors’ disqualification trials. He has been instructed in a significant number of high-profile disqualification applications that have led to early termination by withdrawal or settlement.