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James Ayliffe QC

Call: 1987    QC: 2008

+44 (0)20 7306 0102jayliffe@wilberforce.co.uk

Insolvency

James has extensive experience of insolvency matters, both corporate and individual including a particular expertise in property-related insolvency issues.  He is co-author of Transaction Avoidance in Insolvencies, OUP, 2nd ed, and the specialist editor of the insolvency chapter in one of the principal practitioner texts on landlord and tenant law, Hill & Redman’s Law of Landlord & Tenant.

Some representative cases include:

  • advising trustee in bankruptcy and liquidators of well-known property investor and his companies in attempts to recover assets worth in excess of £100m for the benefit of creditors;
  • acting for administrators of HMV in defence of proceedings by its landlords for permission to retake possession of its flagship Oxford Circus store and other stores;
  • acting for tax authorities of foreign state seeking avoidance of transactions by which insolvent tax debtor transferred more than £100m into offshore tax havens;
  • obtaining a vesting order in favour of guarantor to help mitigate substantial on-going costs following disclaimer of lease by liquidator of insolvent tenant;
  • advising lender regarding voidability of proposed transactions with a customer under ss 238-239 Insolvency Act 1986;
  • advising landlords regarding entitlement to payment of rent as an expense in the tenants’ administration;
  • acting for well-known car dealership in a complex dispute arising out of the conduct of company administration;
  • advising the purchasers of apartments in a luxury development regarding their options following insolvency of the developer/landlord.