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Thomas Robinson

Call: 2003   

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

Insolvency

Thomas practises a wide range of corporate and personal insolvency work. He is currently contributing to a new edition of Kerr & Hunter on Receivers and Administrators. In corporate insolvency he acts for officeholders, creditors and companies. He has conducted reported High Court decisions on retention of title clauses as sole counsel, and advises on issues from the interpretation of CVAs to administration expenses. Current instructions include advisory work in relation to a Company Creditors Arrangement and unfair prejudice challenge in the BVI and acting for the former liquidators of Stanford International Bank in Antigua.

Notable cases include:

  • Fieldfisher LLP v Pennyfeathers Limited [2016] EWHC 566 (Ch). Successful resistance of administration application on basis that the alleged debt was subject to an arbitration clause, and thus Salford Estates (No.2) Ltd v Altomart Ltd [2014] EWCA Civ 1575 applied by analogy.
  • Re Storm Funding (in administration) [2014] Bus L R 454. Considered issues including the Parliamentary intention of the FSD regime and the insolvency rule against “double dipping”. Acted for the Pensions Regulator with Raquel Agnello QC and Jonathan Hilliard.
  • Re Nortel GmbH and Others [2014] AC 209, [2013] UKSC 52, [2011] EWCA Civ 1124 & [2010] EWHC 3010. Successful resistance of application by administrators of Nortel and Lehman Brothers in the High Court for declaration that an FSD and CN issued under Pensions Act 2004 to insolvent companies did not give rise to any right to recovery. Briggs J. held they gave rise to administration expenses which was upheld by Court of Appeal in October 2011. In July 2013 the Supreme Court decided that FSDs give rise to provable debts. Listed by the Lawyer in their ‘Top 20 cases of 2012’.
  • Re Calibre Solicitors Limited (in administration) [2014] All ER (D) 187. Consideration of proper construction of Insolvency Rule 2.109(1B).
  • Napleton v Hewitt [2013] EWHC 2778 (Ch). Successful resistance to challenge over CVA Supervisor’s treatment of proof of debt.
  • Caldero Trading v Beppler & Jacobson Ltd [2012] EWHC 4031 (Ch). Concerned extent of provisional liquidators’ powers to obtain documents under various court orders. Acted for provisional liquidators from BDO appointed over a UK company owning major Montenegro hotels.
  • Tanks & Vessels Industries Ltd v Devon Cider Company Ltd [2009] EWHC 1360 (Ch); [2009] All ER (D) 16 (Jul). Sole counsel in four day retention of title dispute.
  • Bank of Baroda v Patel [2009] BPIR 255. High Court appeal. Considered issues of standing of bankrupt’s wife under s.303 Insolvency Act 1986.
  • Cornelius v Casson [2008] BPIR 504. High Court appeal against lower court refusal to set aside statutory demand for post IVA debts. Thomas successfully represented the petitioner both at first instance and on appeal.
  • Smedley v Brittain [2008] BPIR 219. Leading case on applications by Bankrupts to remove their Trustee, under section 298 Insolvency Act 1986. Also considered Human Rights implications of mail redirection orders under s.371.
  • CKE Engineering Ltd (in administration) v Coseley Galvanising Ltd (in administration)[2007] BCC 975. LTL 3/10/2007. Reservation of title clause; tracing into mixed goods.
  • Neil Francis Hickling v Timothy Baker [2007] 1 WLR 2386, [2007] 4 All ER 390, Court of Appeal. Dispute over without notice application to commit a bankrupt to prison under s.364 Insolvency Act 1986.