Daniel Lewis

Insolvency

Claims against Directors

• Re DCL Hire Ltd (In Liquidation) [2018] EWHC 3457 (Ch) – acting for the liquidators on the trial of a misfeasance claim against a company director alleged to have dissipated the company’s assets. The respondent applied unsuccessfully for the striking out of the claim. At trial the respondent was found partially liable for the losses under section 212(3) of the IA96 and section 1157 of the CA2006. Appeared for the liquidators on the appeal where the director was held to be liable for the whole of the loss resulting from his conduct ([2019] EWHC 2086 (Ch)).
• Re HS Works Ltd [2018] EWHC 1405 (Ch) – successfully defending application to strike out misfeasance proceedings served more than four months after the issue of the insolvency application, concerned the extent to which the provisions of Part 7 of the CPR apply to insolvency applications.

Defending Office-Holders

• Devon Commercial Property Ltd v. Barnett [2019] EWHC 700 (Ch) – successfully defended a claim against receivers alleged to have placed themselves in a position of conflict and to have acted in bad faith when they sold the land pursuant to their power of sale to a company connected with the mortgagee.
• Brewer v. Iqbal [2019] B.C.C. 746 – defending a claim against liquidator alleged to have sold television channels at an undervalue.

Tax Schemes

• Re Vining Sparks UK Ltd (In Liquidation) [2020] S.T.C. 410 – acting for the liquidators in respect of a misfeasance claim against the directors of the company for a £1.5 million debt to HMRC arising from the company’s participation in an employee benefit trust tax avoidance scheme.
• Ecology Support Services Ltd v Hellard [2017] EWHC 160 (Ch) – opposing an appeal against an adjudication on a proof of debt for a loan entered into as part of a tax mitigation scheme.

Injunctions to restrain advertisement / presentation

• Colt Technology Services v SG Global Group SRL [2020] EWHC 1417 (Ch) – representing the respondent on an application to restrain presentation of a winding up petition against its customer which refused to pay for telecommunications services received by it on the basis that to do so would require it to act illegally under Italian law, relying upon Ralli Bros v Compania Naviera Sota y Aznar [1920] 2 K.B. 287 (ongoing).
• GBM Minerals Engineering Consultants Ltd v Michael Wilson & Partners Ltd [2018] EWHC 3401 (Ch) – acting for the applicant for an injunction to restrain presentation of a winding up petition for sums claimed to be due under a settlement agreement, concerning the test for a genuine cross-claim and whether the payment of instalments to solicitors was securing or compounding for the debt for the purposes of s.123(1)(a).

Applications to set aside statutory demands and appeals against adjudications

• Parker v Nicholson [2016] B.P.I.R. 346 – opposing application by trustee in bankruptcy for a decision as to whether to admit a contested proof of debt, which the Court found to be a misuse of the power to seek directions under s.303(2) of the IA86.
• Black v Sale Services and Maintenance Ltd [2018] B.P.I.R. 1260 – appeal against dismissal of application to set aside statutory demand on the basis of procedural unfairness.

International / Cross-Border

• Alfred Schefenacker v Horvat [2020] EWHC 506 (Ch) – acting for the judgment debtor in respect of an application under CPR Part 71 to require the judgment debtor to attend court, concerning the jurisdiction of the court to make such an order in respect of a foreign judgment.
• Advalorem Value Asset Fund Ltd (in special administration) v Gregory Hugh Colin King (2017) – acting for the applicant in the Gibraltar Supreme Court for a bankruptcy order against a former director involved in the Heather Capital fraud, said at the time to be the largest bankruptcy of a Scottish national (also acted on applications for associated freezing orders).
• Edgar Lavarello and Adrian Hyde (as representatives of the firm of Marrache & Co and/or as trustees) v Jyske Bank (Gibraltar) Ltd (2016-2017) – acting for the liquidators of a law firm on the trial of a claim in the Gibraltar Supreme Court against the firm’s bank for dishonest assistance and knowing receipt arising from the fraud of the firm’s partners. Also appeared on appeal in the Gibraltar Court of Appeal.
• Baha Mar – acting for a creditor of Bahamas resort in Chapter 11 proceedings in Delaware Bankruptcy Court (2015).

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