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Iain Pester

Call: 1999   

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

Insolvency

Iain has a very deep and wide-ranging experience of both corporate and personal insolvency work, including both advisory work and acting for office-holders, creditors and directors in litigation. His experience includes:

  • Transactions at an undervalue and preferences;
  • Wrongful trading;
  • Claims against office-holders, including misfeasance and negligence;
  • Applying for the appointment of provisional liquidators; and
  • Directors’ disqualification

He regularly lectures on insolvency and restructuring topics, and is the author of two chapters in the leading textbook Commercial Litigation: Pre-Emptive Remedies (the first on provisional liquidators, the second on injunctions in insolvency proceedings).

Recent cases where Iain has been instructed include:

  • In the Matter of Joseph Ackerman: Iain successfully obtained a bankruptcy order against the debtor, at both first instance (2016) and on appeal (2017).
  • William Old Creditors Action Ltd v Bramston (as Liquidator of Willian Old International Ltd) [2016] EWHC 1886 (Ch) – Iain acted for the creditors’ committee on a challenge to the fees charged by a liquidator.
  • Brister v Official Receiver [2015] BPIR 1008: Iain successfully obtained an annulment of a bankruptcy order. This is now a leading case on the Insolvency Act 1986, s. 282 and persons with a disability.
  • In the matter of Astra Resources plc [2015] EWHC 1830 (Ch): Iain acted for the respondent company on an application to restrain presentation of a winding up petition, where issues of rectification of the underlying agreement between the respondent and the petitioner were in issue.
  • Brister v Official Receiver [2015] BPIR 1008 – a case on annulment of a bankruptcy order which also raised various capacity issues. Iain acted for the successful applicant.
  • Astra Resources plc, Re [2015] EWHC 1830 (Ch) – winding up petitions, injunctions restraining the presentation of, and collateral use of a winding up petition.
  • Webster v Mackay [2013] BPIR 1136: acted for the appellant in this appeal against the Chief Registrar’s refusal to annul a bankruptcy order. The case raised some difficult issues under the Insolvency Act 1986 about the jurisdiction to grant an annulment.