Insolvency

New Square Chambers has expertise across all areas of corporate and personal insolvency, including international and cross-border aspects. Additionally, the team is frequently instructed in respect of director’s disqualification matters.

Our barristers are instructed by a wide-range of domestic and international solicitors, in-house teams, government departments, insolvency professionals and individuals. Leading and junior counsel appear in the High Court and the appellate courts, and also in off shore jurisdictions. Junior and new members also appear in the County Court.

Our members are practical, astute, robust and user-friendly, whether as sole counsel or as part of a team.

Insolvency expertise

Our expertise includes:

• Corporate insolvency
• Personal insolvency
• Director’s disqualification

In recent years, our barristers have been instructed or involved in cases concerning limitation, the service of insolvency applications, and the power to transfer insolvency applications (Re Kelcrown Homes Ltd and Re HS Works Ltd, (culminating in the Court of Appeal’s decision in Re Ide), Re Moorcourt Holdings Limited, Goldtrail Travel Ltd v Aydin, Re Beppler & Jacobson Ltd, and Re Husky Group Ltd), abuse of process, sham transactions and winding-up petitions (Swindon Town Football Co Ltd, Re), challenges to a liquidator’s distribution of surplus assets belonging to a company registered under the Co-Operative and Community Benefit Societies Act 2014 to its members (Qureshi v Association of Conservative Clubs Ltd), and a mortgagees’ liability for an alleged undervalue by their appointed receiver (Castle Trust v Batra).

Our barristers are also very experienced at seeking and resisting interim remedies and other insolvency applications, including restraining the disposition of assets located worldwide and obtaining evidence from overseas. The team is also able to draw upon complimentary expertise within the areas of civil fraud, company law, and property and trusts law to assist with insolvency matters.

Chambers’ multi-disciplinary expertise and collaborative approach allows the team the act across a broad spectrum of insolvency work.

The team is ably supported by an efficient, friendly and knowledgeable clerking team.