Elizabeth is a Legal Director in the Restructuring and Insolvency Department with over 30 years’ experience of dealing with all aspects of personal and corporate insolvency work. She passed the JIEB examinations in 1999 and held a non-appointment taking insolvency licence for sixteen years.
Elizabeth undertakes a mixed caseload of contentious and non-contentious work. She acts for insolvency practitioners in connection with insolvency appointments, investigations, asset recovery, asset sale agreements and general advisory work. She also advises directors on their duties and responsibilities, represents directors, bankrupts and other third parties in insolvency claims brought by office holders and acts for purchasers of assets from insolvency office holders.
Elizabeth also has considerable experience of advising creditors and secured lenders on their enforcement options, rights and remedies in insolvency scenarios including administration appointments, winding up and bankruptcy petitions.
Notable work & expertise
- Advising a lender on enforcement of two secured business loans of over £2 million. Acting for the lender on a restructure of the loans following default and subsequently appointing administrators as a result of further default. Acting for the administrators in connection the granting of a temporary licence to the director to occupy company property pending sale and following expiry of the licence obtaining and enforcing an order for possession of property. Acting for the administrators in connection with the sale of the property and drafting the sale agreement
- Acting for the director of a company faced with a preference claim brought by the liquidator arising from the repayment of a loan one week before the company entered CVL. Defending the claim on the basis that the company was not balance sheet or cashflow insolvent as at the date of the repayment, only becoming balance sheet insolvent when costs directly connected with the liquidation were factored in such as redundancy claims, and only facing cashflow insolvency as a result of advice received post repayment. Also, arguing that in making the repayment the director was not influenced by the desire to prefer and that repayment was made pursuant to the commercial terms agreed when the loan was advanced
- Acting for a supplier to a group of companies in administration in connection with a ROT claim. The claim related to unused stock in the companies’ warehouses, stock fixed to vehicles assembled by the companies and remaining on site and stock fixed to vehicles which the administrators had sold post appointment. Advising the supplier on whether the ROT clause was valid and incorporated into the contract, notifying the claims to the administrators and negotiating settlement of all aspects of the claim with the administrators and purchasers
- Acting for a trustee in bankruptcy in connection with an application for possession and sale of a matrimonial home. The debtor was made bankrupt by a local authority having been made subject to a liability order arising from his wife’s unlawful claim for housing benefit over a period of many years with which he was deemed complicit. The debtor unsuccessfully opposed the order on grounds that his children had special needs and as such there were exceptional circumstances. The Debtor subsequently challenged the order under section 375 on grounds that he intended to appeal the liability. Advising the trustee as to whether the right to appeal vested in the debtor or the trustee and acting for the trustee in the appeal on the basis that the debtor had no standing to bring the appeal. Following the dismissal of the appeal, successfully resisting the section 375 application and recovering possession of the property
- Acting for an administrator in connection with his appointment by a company and in connection with a pre-pack sale
- Acting for a liquidator in connection with a claim for misfeasance and breach of duty arising from the director’s participation in a tax avoidance scheme and the removal of all reference to the company’s premises from accounting records in the run up to the liquidation which the director claimed belonged to him. Following assignment of the claims to a funder, subsequently acting for the funder and achieving a successful outcome at mediation
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