Call +44 207 306 0102 or contact us

Sebastian Allen

Call: 2006   

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

Insolvency

Sebastian has particular interest and experience in insolvency litigation.

The breadth of Sebastian’s commercial and chancery practice means that he frequently advises where insolvency law issues interact with other legal areas such as trust law, commercial law, financial services and pensions law.

Notable matters on which Sebastian has been instructed include:

  • Re Nortel Networks UK Pension Fund. Acting for the trustee of the Nortel Networks UK Pension Plan in relation to the largest ever financial support direction case brought by the Pensions Regulator under the Pensions Act 2004, involving a multi-billion pound buyout deficit. This has also involved advising the trustee on the interaction of its claim to a financial support direction as a result of the successful UK regulatory proceedings with the insolvency proceedings in various jurisdictions, including in the UK, the USA and Canada. In the UK, this resulted in the joint application by the UK administrators of Nortel and Lehman Brothers as to the provability of liabilities under a financial support direction in Bloom v The Pensions Regulator [2010] EWHC 3010 (Ch) (with Michael Tennet QC).
  • Advising in relation to questions of priority and entitlement upon the winding up of companies and pension schemes, both under statute and at common law where issues of security are involved.
  • Advising as to the liability of directors upon winding up, both under statute (including fraudulent and wrongful trading) and common law.
  • Advising in relation to validation orders under S 127 of the Insolvency Act 1986.
  • Successfully obtaining and defending numerous winding up petitions in the Companies Court.
  • Successfully obtaining and defending bankruptcy petitions.