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Sebastian Allen

Call: 2006   

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

Insolvency

Sebastian is a leading commercial chancery junior specialising in insolvency law.

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 cases include:

  • Star Poland Limited (in liquidation) v Mr Felice and others: acting for the former directors of a Gibraltarian trust company brought by its liquidators in relation to various alleged breaches of duty;
  • advising the FCA on the status of funds held in a client account on an insolvency;
  • In re MF Global: acting for a creditor in the MF Global administration, which was the first special administration;
  • BHS: acting for Sir Philip Green QC in relation to various aspects of the claims brought by the Pensions Regulator for a Financial Support Direction and a Contribution Notice in relation to the sale of BHS before it went into administration;
  • Silentnight: acting for the respondents to regulatory proceedings relating to the sale of the Silentnight business out of a pre-pack administration at what was alleged to be an undervalue;
  • 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);
  • 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