Notable Insolvency, Restructuring and Insurance cases
Enterprise Insurance Company plc v. Flowers (and others) (2021)
Representing the Finance Director in a complex multi-million-pound claim brought by the liquidator of an insurance company; case involves alleged breach of fiduciary duty, application and scope of the Sequana duty, Duomatic defence, and complex expert evidence accountancy issues (including RRM & solvency capital margins vs general solvency, inter relationship between the balance sheet and cash flow insolvency in the insurance context).
MCE Insurance Company Limited (2021-2022)
Ongoing – Acting for the joint administrators of a major international insurance company, recognition and enforcement, disclaimer, investigations and advice through run-off.
Reclaim Ltd v LAP
Acting for the liquidator in this high value claim against defaulting foreign agents. Involves extraterritorial effect of statutory insolvency provisions, realisation of foreign assets, tracing and recognition. Successful at first instance and on appeal.
Gefion Insurance v. Pukka Insure Limited (Supreme Court, 2020)
Acting for the insurer in this application for a freezing injunction against the cover holder. Underlying claim for £8m. Freezing injunction and further relief secured.
Gefion Insurance v Pukka Insure Limited (2021)
Further related case resisting a jurisdiction challenge. Case involved difficult questions of cross-border enforcement, foreign expert legal evidence and the enforceability of asymmetrical jurisdictional clauses.
GFSC v Elite (2017-18)
Resisting application for the appointment of inspectors and liquidator in the context of Solvency II reserving and technical provisions French construction insurance business.
Re Peabody Holdings (Gibraltar) Limited (Supreme Court)
Recognition of a foreign insolvency under the Insolvency (Cross Border Insolvencies) Regulations 2014 involving the recognition of a US Chapter 11 bankruptcy, dealing with the largest private coal mining operation in the world .
Re: Eseekers Limited
Application for cross-border recognition of a foreign insolvency under the Insolvency (Cross Border Insolvencies) Regulations 2014, involving the ability of a UK liquidator to apply for recognition under the UNCITRAL Model Law on cross border insolvencies or Council Regulation (EC) No.1346/2000.
