Clare Stanley

Insolvency CV

Clare's early insolvency work involved a large number of bankruptcy and company insolvency cases, often in a domestic context.  For example, Clare appeared at first instance and in the Court of Appeal for the successful trustee in bankruptcy in Jones v Patel [2001] BPIR 919 (CA) (benefits under an occupational pension scheme constituted part of the property in bankrupt estate); and in Khan v Mortgage Express [2000] BPIR 473 (Ch) (right of mortgagee to enforce security after proving in IVA and receiving dividend). Subsequently, she acted for Michael Fielding in his bankruptcy, and for Jan Bonde Neilson in a £60 million IVA dispute.

Clare is now instructed in high-value cases, which usually take place in offshore jurisdictions.

Recent examples include:

Kensington v Montrow  [2007-8] (BVI winding up proceedings of BVI and Jersey companies on just and equitable grounds).

Bank of Tokyo-Mitsubishi v Baskan Gida  [2009] EWHC 1276 (Ch) (transactions by an insolvent company to defraud its creditors).

Current cases include:

British Virgin Islands: Instructed by a subsidiary of Kaupthing Bank HF in connection with a large scale alleged fraud arising out of transactions in the BVI designed to defeat creditors

England: three high-value section 212 claims against former directors; just and equitable winding up petition by contributory.