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Thomas practises a wide range of corporate and personal insolvency work. He is currently co-editing and contributing to a new edition of Kerr & Hunter on Receivers and Administrators.  In corporate insolvency he acts for officeholders, creditors and companies. He advises on issues from the interpretation of CVAs to administration expenses to office-holder remuneration.

Notable cases include:

  • Counsel General for Wales & Ors v Gareth Allen (as Official Receiver) & Ors [2022] EWHC 647 (Ch). Successful challenge to decision of Official Receiver to terminate electricity supply to flood defences in Wales. Considers the “perversity” test in s.168(5) IA86 and the role of environmental factors in a liquidator’s decision-making over whether to continue trading a business. Discusses whether OR is a public authority under the HRA for these purposes. Now on appeal to Court of Appeal.
  • Elser v Sands & Others [2022] EWHC 32 (Ch) – successful challenge to a £13m IVA under s.262 IA 1986, challenging admission of three creditor claims. Considers, among other issues, where the burden of proof lies on a creditor’s application.
  • Claims Direct plc v Hinton [2021] EWHC 1613. Successful appeal from rejection of proof of debt based on £9.75m deceit claim.
  • Nimat Halal Food Ltd v Patel [2020] EWHC 734 (Ch). Considering the test for personal costs orders against administrators in relation to adjudications on proofs of debt.
  • Re Carlauren Group Limited [2019 – ongoing]. Acting for the administrators of a luxury care home group, amid allegations of Ponzi schemes and misappropriation of £40 million of assets. Dealt with contested administration applications and obtaining freezing and proprietary injunction against former director.
  • Courtwood Holdings SA v Woodley Properties Ltd & Ors [2018] EWHC 2163 (Ch): Three week multi-million pound knowing receipt trial in context of fixed charge receivership of property assets.
  • Fieldfisher LLP v Pennyfeathers Limited [2016] EWHC 566 (Ch). Successful resistance of administration application on basis that the alleged debt was subject to an arbitration clause, and thus Salford Estates (No.2) Ltd v Altomart Ltd [2014] EWCA Civ 1575 applied by analogy.
  • Hamilton-Smith v CMS Cameron McKenna LLP [2016] EWHC 1115 (Ch). Anti-suit injunction relating to claims arising from the liquidation of Stanford International Bank in Antigua. Instructed by the former office-holders.
  • Re Storm Funding (in administration) [2014] Bus L R 454. Considered issues including the Parliamentary intention of the FSD regime and the insolvency rule against “double dipping”. Acted for the Pensions Regulator with Raquel Agnello QC and Jonathan Hilliard.
  • Re Nortel GmbH and Others [2014] AC 209, [2013] UKSC 52, [2011] EWCA Civ 1124 & [2010] EWHC 3010. Successful resistance of application by administrators of Nortel and Lehman Brothers in the High Court for declaration that an FSD and CN issued under Pensions Act 2004 to insolvent companies did not give rise to any right to Briggs J. held they gave rise to administration expenses which was upheld by Court of Appeal in October 2011. In July 2013 the Supreme Court decided that FSDs give rise to provable debts. Listed by the Lawyer in their ‘Top 20 cases of 2012’.
  • Caldero Trading v Beppler & Jacobson Ltd [2012] EWHC 4031 (Ch). Concerned extent of provisional liquidators’ powers to obtain documents under various court orders. Acted for provisional liquidators from BDO appointed over a UK company owning major Montenegro hotels.