Daniel Lewis

Insolvency

Anti-avoidance

• Credit Suisse Virtuoso SICAV-SIF v Softbank Group Corp [2025] EWHC 2631 (Ch) – representing the liquidators of Greensill Limited in a high-profile litigation between Credit Suisse and Softbank arising from the alleged disposal of Greensill’s assets by Mr Lex Greensill to defeat the claimants’ claims, alleged to have been transactions defrauding creditors under section 423 of the Insolvency Act 1986. The claims were very high value (cUS$440million) and generated considerable media coverage in the press. One of the Lawyer cases of 2025. The judgment was important in that the Court held it was an exceptional case that justified declining to make any order despite the elements of the cause of action under section 423 being made out.

Claims against Directors

• Manolete Partners Plc v Freed [2025] 1 BCLC 597 – representing company director pro bono on legal argument about whether assignee of cause of action could claim irrespective of limits on damages in liquidation.
• Kelsall v Stajic [2024] BPIR 345 – acting for the director on a claim under section 212 of the Insolvency Act 1986, considered whether dishonest assistance claim was available under the section.
• 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.

Office-Holders

• Re Core VCT Plc  [2025] EWHC 1918 (Ch) – representing liquidators of an investment fund on claims against thirteen defendants, arising from the sale of fund’s assets at an undervalue estimated at c£90m.    
• Manning v 2 Four 6 Marketing Ltd [2024] WTLR 1387 – representing Ibiza nightclub promoter on application by administrator of ticket agent for Berkeley Applegate relief. Over 100 promoters affected with losses of c£20 million.
• Re Redhill Residential Park Ltd [2024] EWHC 327 (Ch) – representing administrators of mobile home park operator with hundreds of residents potentially affected. Shortly before the administration the company purportedly sold the mobile home parks to the respondent, who was threatening to enter the sites, take over their management and commence building works.
• Acts for the Insolvency Practitioners Association on complaints against insolvency practitioners.
• Devon Commercial Property Ltd 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 Iqbal [2019] B.C.C. 746 – defending a claim against liquidator alleged to have sold television channels at an undervalue.

Investment funds

• Lavarello v Fagan (Re Kijani Resources Limited) 2025/GSC/003 – representing liquidator of an investment fund in the Supreme Court of Gibraltar on trial of claims against former director for misappropriating $123m. This was the first trial of a claim in Gibraltar under the fraudulent trading provisions of Gibraltar Insolvency Act.
• Re Core VCT Plc  [2025] EWHC 1918 (Ch) – representing liquidators of an investment fund on claims against thirteen defendants, arising from the sale of fund’s assets at an undervalue estimated at c£90m.    
• East Riding of Yorkshire Council as Administrating Authority of the East Riding Pension Fund v KMG SICAV-SIF-GB Strategic Land Fund [2025] BCC 249 – representing appellant local council pension fund which invested £20m on petition to wind up cell of Luxembourg protected cell company. Represented the petitioner on appeal to a HCJ and in the Court of Appeal.
• Domain Venture Partners PCC Limited v Roache (2026) – representing the liquidator on claims in the Gibraltar Supreme Court against the former director, fund administrator and auditor in relation to the mismanagement of fund investing in domain names, with claimed losses of c£40 million. The trial took place in April 2026.
• Re Rest Assured Funeral Homes Limited (in Liquidation) (2023) – appearing for applicant creditor on 2-day hearing of application challenging appointment of liquidator of funeral plan company on the basis that the majority votes were not cast by a valid creditor and that the company required independent investigation.
• Shepherd Cox Hotels (2020) – acting for the applicants seeking administration orders in respect of the insolvency of a group of hotels, which were alleged to have been marketed as a collective investment scheme.
• Signature Shankly Limited (2020) – administration application in respect of a hotel room collective investment scheme.
• Hunt Financial Conduct Authority (Re Total Debt Relief Ltd (In Liquidation)) [2019] EWHC 2018 (Ch) – advising upon and obtaining court approval for a distribution plan on the winding up by the FCA of a regulated debt management business.

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

• Re Rossi [2022] BPIR 1241 – acting for the respondent creditor on an application by another creditor challenging the rejection of his proof in respect of an IVA.
• 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

• Emirates NBD Bank PJSC v Almakhawi [2024] B.P.I.R. 27 – defending the guarantor of an insolvent company against a claim for 200AED brought by the bank, concerning the recognition of a Dubai judgment and a claim under section 423 of the Insolvency Act 1986 that the client had disposed of assets to defeat creditors’ claim. The judgment is an important decision on the validity of decisions of the Dubai onshore Courts as a matter of English public policy, particularly as to the delegation of decision-making by the Dubai courts to experts, and the extent to which succession planning is a valid answer to a claim under section 423.
• Allen v Derev [2024] BPIR 255 – acting for representative of Russian bankruptcy trustee on trial of claim in respect of substantial property owned by bankrupt.
• 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.

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