Insolvency
11 Stone Building’s insolvency barristers have an exceptionally strong reputation in the market. The major legal directories have consistently recommended us as a leading insolvency set and in October 2011 we won as ‘Set of the Year’ for Insolvency/Corporate Restructuring at the Chambers Bar Awards 2011 while several of our barristers have been nominated as 'Insolvency Junior Barrister of the Year' in previous years by the same awards.
We act for office holders, companies, directors and debtors in all aspects of contentious and non-contentious personal and corporate insolvency including administrations, receiverships, liquidations, wrongful trading and fraudulent trading, misfeasance claims, bankruptcy and voluntary arrangements (corporate and individual). We also have considerable expertise in proceedings against directors under the Company Director Disqualification Act (CDDA) and corporate restructuring.
Two of our members sit part-time in the High Court as deputy Registrars in Bankruptcy and the Companies Court. We also have experience in proceedings before the Disciplinary Tribunal.
The interplay between insolvency and other areas such as real estate, pensions, banking, fraud and general commercial litigation is at the heart of our expertise and is of real benefit to our clients. Our track record proves that we have dealt with very complex cases and having that multi-disciplinary expertise in-house adds to that ability.
Our juniors have significant experience of managing cases independently, offering our clients an expertise often only seen in barristers more senior. Their experience as sole advocates also places them in a strong position to efficiently contribute as part of larger teams.
Tina Kyriakides is consultant editor to Corporate Rescue & Insolvency. David Nicholls, Clive Wolman, Sarah Clarke, Thomas Robinson, Dawn McCambley, Philip Hinks, Tom Shepherd, Peter Head, Laura Newton and James McWilliams are the team who contribute regularly to the CRI case alerter section. Dawn McCambley also provided the regular feature 'Recent case summaries' for Recovery, the magazine published by R3, during 2012.
What others say
Our most recent recommendations by the legal directories are as follows:
Insolvency
Leading set, silks and juniors - Chambers UK 2013
11 Stone Buildings houses market leading lawyers with experience right across the insolvency and restructuring field, who are regularly instructed by a broad range of stakeholders in both an advisory and litigious capacity. Recent highlights for the set include involvement in the Nortel case in the Supreme Court, and instructions from Kaupthing following the bank's high-profile collapse. Solicitors indicate that at 11 Stone Buildings they can access "very good technical experience and user-friendly advocates," who are well clerked by the accomplished Michael Couling's team. They go on to say that following some significant lateral hires, the set "has upped its profile effectively."
Lexa Hilliard QC is retained as an adviser and leading silk on high-value litigation. She provides expert opinions on English law to insolvent international entities, and represents noteholders and corporations, including Kaupthing, throughout court proceedings. Instructing solicitors praise her preparation, advocacy and teamwork skills, noting that she demonstrates an "ability to think about novel ways to approach questions, especially when there is no case law on the matter."
Marcia Shekerdemian has been active on cases involving both English and international law, having recently appeared in the Isle of Man and provided advice in situations requiring an understanding of bankruptcy laws in Bahrain, France and Gibraltar. Her practice is split between insolvency and bankruptcy, and she is described as "a star" and "an excellent all-round practitioner." Tina Kyriakides is "very good and very persuasive indeed," according to one interviewee. She recently represented a creditor of Stanleybet UK Investments who was owed EUR26.5 million. One source was keen to sing the praises of Christopher Boardman because "he's a very robust individual in court, and if you need someone to fight your corner he's a good advocate to have." He represents creditors, stakeholders and officeholders in complex, cross-border insolvencies. Iain Pester drew praise from multiple sources. He is "extremely competent, very dedicated and good on his feet," according to those that use him. His ability to speak Russian is particularly valued by his instructing solicitors. Clients are complimentary of Thomas Robinson, stating that they "have nothing but high regard for him." His key attributes are "his ordered mind - he lays out his points to a judge in a very ordered manner," his work ethic and his personability. Jonathan Lopian was retained by a coalition of creditors in the widely reported Hellas Telecommunications insolvency. He is described as "excellent - he's very thorough and gets on top of difficult issues quickly."
Jamie Riley is a "rising star" and "an excellent team player, who is pragmatic, commercial - and good on his feet." He recently represented the trustees of Dias-Azedo in a Hong Kong-based insolvency, and advised the directors of the collapsed Von Essen Hotels group on duties and restructuring strategy. Birgitta Meyer "has one speed, which is full throttle," and, according to multiple sources, "will go the extra mile for the client. She'll work long hours and do a very good technical job in difficult circumstances." Adam Deacock "is a master of detail and a meticulous advocate," according to an instructing solicitor. He maintains an active chancery practice, and regularly appears in the higher courts.
Leading set, silks and juniors - Chambers Global 2013
Lexa Hilliard QC is retained as an adviser and leading silk on high-value litigation. She provides expert opinions on English law to insolvent international entities, and represents noteholders and corporations, including Kaupthing, throughout court proceedings. Instructing solicitors praise her preparation, advocacy and teamwork skills, noting that she demonstrates an "ability to think about novel ways to approach questions, especially when there is no case law on the matter."
Marcia Shekerdemian has been active on cases involving both English and international law, having recently appeared in the Isle of Man and provided advice in situations requiring an understanding of bankruptcy laws in Bahrain, France and Gibraltar. Her practice is split between insolvency and bankruptcy, and she is described as "a star" and "an excellent all-round practitioner." Tina Kyriakides is "very good and very persuasive indeed," according to interviewees. She recently represented a creditor of Stanleybet UK Investments who was owed EUR26.5 million. One source was keen to sing the praises of Christopher Boardman because "he's a very robust individual in court, and if you need someone to fight your corner he's a good advocate to have." He represents creditors, stakeholders and officeholders in complex, cross-border insolvencies.
Leading set, silks and juniors - Legal 500 2012
11 Stone Buildings has ‘a superb reputation and profile’ in the market and benefits from the support of ‘able, knowledgeable and efficient’ clerks. Lexa Hilliard QC has a good reputation in domestic and international insolvency, litigation, and civil fraud, and impresses with her ‘knowledge and practical application of insolvency rules and laws’. Recommended juniors include Tina Kyriakides, who is ‘extremely knowledgeable in insolvency and company matters’ and ‘always thorough in her work’; Marcia Shekerdemian, who is ‘the first port of call’ for many clients on insolvency matters; and Jonathan Lopian, who has a ‘no-nonsense approach and is keen to get stuck in’. Christopher Boardman is a ‘go-to man for substantial insolvency disputes’, and Jamie Riley provides ‘excellent technical advice’. Iain Pester is ‘approachable, responsive and pragmatic’, and Reuben Comiskey is a ‘master technician in the field of insolvency’. Thomas Robinson is ‘very bright, unfailingly polite and ultra-responsive’. Also recommended are Alan Gourgey QC, Adam Deacock, Birgitta Meyer and Jamie Riley.
For a full overview of the directories' testimonials for insolvency over the years, please click here.
Pensions
Leading junior - Chambers UK 2013
New entrant Thomas Robinson, also of 11 Stone Buildings, has a growing practice that couples a solid understanding of corporate insolvency proceedings and disputes with expertise on behalf of the Pensions Regulator. Sources say "he is clearly an expert in regulatory work," and is "not only very thorough but also quick" in providing advice. "He is always ahead of me when I speak to him and I have nothing but high regard for him," said one impressed interviewee.
Leading junior - Legal 500 2012
Other noteworthy practitioners include ... and the ‘hardworking and approachable’ Thomas Robinson at 11 Stone Buildings, both of whom are recognised for their work for the Pensions Regulator.
For a full overview of the directories' testimonials for pensions over the years, please click here.
Articles & Publications
Given our expertise in this area our members are often invited to write for specialised publications and/or have written 11 SB case notes/bulletins on relevant topics. A few recent examples include:
- Disclaimers and discretionary vesting orders ~ A piercing reminder. Insider case note, May 2013 by David Nicholls.
- Solvent or insolvent: the Supreme Court lays down the test for section 123 of the Insolvency Act 1986. Insider case note, May 2013 by Christopher Boardman.
- Greater transparency at the heart of the Pensions Regulator's determinations guidelines. Insider case note, February 2013 by Thomas Robinson.
- COMI, bankruptcy tourism and forum shopping.Insider case note, February 2013 by Marcia Shekerdemian.
- Enforcement of foreign insolvency judgments in England and Wales ~ Rubin, New Cap and beyond. Insider case note, January 2013 by Lexa Hilliard QC.
- Gift vouchers ~ Can consumer protection be tightened? Insider case note, January 2013 by Lexa Hilliard QC and Marcia Shekerdemian.
- Assignment of a claim or cause of action. Practical Law Company, December 2012 by Adam Deacock and Sarah Clarke.
- Corporate insolvency: the office-holder's investigatory powers. Practical Law Company, August 2012 by Thomas Robinson.
- Inquiry into company's dealings under section 236 of the Insolvency Act 1986. Practical Law Company, August 2012 by Thomas Robinson.
- Duty to co-operate with office-holder under section 235 of the Insolvency Act 1986. Practical Law Company, August 2012 by Thomas Robinson.
- Getting in the company's property under section 234 of the Insolvency Act 1986. Practical Law Company, August 2012 by Thomas Robinson.
- Litigation by insolvent companies: issues to consider before starting a claim. Practical Law Company, July 2012 by Adam Deacock.
- When the rules trump trust principles. Corporate Rescue and Insolvency, June 2012 by Tina Kyriakides.
- Officeholder freezing injunctions: practice and developments.Insolvency Intelligence, June 2012 by Philip Hinks.
- Piercing the corporate veil to recover assets from fraudsters. Insider case note, June 2012 by Adam Deacock.
- For a selection of our practice notes written for Lexis®PSL Restructuring & Insolvency, please click the relevant topic: IVA, CVA, Pensions & insolvency.
- Unhappy bedfellows ~ the case of Williams v Lawrence. Trusts and Estates Law & Tax Journal, December 2011 by Lexa Hilliard QC.
- How directors can avoid making invalid out of court administration appointments after Minmar. Practical Law Company, November 2011 by Adam Deacock.
- Did landlords strike gold with Goldacre?Law & Finance, July 2011 by David Nicholls.
- Saving case. The Lawyer, May 2011 by Raquel Agnello QC and Thomas Robinson.
- Goldacre: does it give landlords the Midas touch? Insolvency Practitioner, March 2011 by David Nicholls.
Our insolvency barristers are:
