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Jamie Holmes

Call: 2014   

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

Insolvency

Jamie’s practice as sole counsel is increasingly focussed around insolvency work. He regularly appears in the High and County court in insolvency matters and applications.

Jamie is often instructed in insolvency matters involving allegations of fraud or dishonesty. Most notably he worked with Marcia Shekerdermian QC in £13m civil fraud proceedings in 2017 in the Companies Court arising out of an insolvency, including allegations of conspiracy, dishonest assistance, knowing receipt, and claims pursuant to s213 and s214 of the 1986 Act.

Jamie recently spent a month in late 2018 on secondment to Ogier’s offices in the Cayman Islands where he worked with Marc Kish, Ogier’s head of insolvency in the Caribbean and Asia, and his team. This included in particular in a matter on behalf of joint liquidators at the relatively early stages of a potentially heavy liquidation of a Cayman company, investigating potential fraud claims against the company, the extent to which creditors could assert Quistclose or other trusts over the company’s assets, and related Berkeley Applegate relief.

Notable recent work as sole counsel includes:

  • Obtaining an urgent order that a UK company had satisfied the requirements of the Companies (Cross-Border Mergers) Regulations 2007 for the purposes of a merger with its German parent.
  • Obtaining s366 disclosure against the personal representative of a bankrupt’s mother who had passed away intestate.
  • Obtaining permission pursuant to Schedule B1, s65 of the 1986 Act for administrators to make a distribution of a balance of funds of £170,000 to non-preferential unsecured creditors, and a 4-month extension to their term of office.
  • Obtaining an Insolvency Administration Order over a bankrupt estate, concerning a debt of £75,000 owed by the estate.
  • Advising and acting in proceedings concerning the validity of a second charge granted after bankruptcy, defended on the basis that the lender did not have actual notice pursuant to LRA 2002 s86, and seeking disclosure in the same on the basis that documents held by a third party where in the control of the respondent pursuant to North Shore Ventures v Anstead Holdings [2012] EWCA Civ 11 and Suez Fortune Investments v Talbot Underwriting [2014] EWHC 2848 (Comm).
  • Advising trustees in bankruptcy at the pre-action stage of a claim concerning a transfer at an undervalue of over £300,000 and a potential s366 application.
  • Obtaining permission pursuant to s216 of the 1986 Act for persons to continue in office as directors of a new company with a similar name.
  • Obtaining an order for specific disclosure against the former director of a company, as part of an on-going dispute between its shareholders.