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Paul joined Harrison Clark Rickerbys in January 2004 in the Debt Recovery department and joined the insolvency team upon qualification. He undertook a broad spectrum of insolvency work including contentious and non-contentious matters, but has specialised in contentious insolvency work since early 2013.
Based in the Cheltenham office, Paul handles a mixture of personal and company insolvency related matters.
He acts for various organisations and individuals, including office holders (administrators, liquidators, trustees in bankruptcy), creditors, financially distressed companies, company directors and spouses and/or relatives of insolvent individuals.
Paul works with other professionals to offer a complete service to his clients including barristers, accountants, insolvency practitioners, trace agents and process servers.
Paul is familiar with litigation funding including After the Event Insurance and Conditional Fee Agreements and he has conducted advocacy on behalf of clients in the County Court in many cases.
Areas of work
Paul’s work for clients includes the following:
- Statutory Demands and Petitions – including making and defending applications for injunctions to prevent presentation/advertisement of petitions and making/defending applications to set aside statutory demands.
- Investigations and asset recovery.
- Antecedent transaction claims – both making and defending, including preference claims, claims for transactions at an undervalue and transactions defrauding creditors.
- Unauthorised loans and unlawful dividends claims under the Companies Act 2006.
- Claims involving breach of director’s duties and misfeasance.
- Claims involving wrongful trading.
- Claims involving the common law remedies of dishonest assistance and knowing receipt.
- Dispute resolution, ADR and mediation.
- Part 36 and Calderbank offers to settle.
- Applications for possession and sale by Trustees in Bankruptcy under the Insolvency Act 1986 and Trusts of Land and Appointment of Trustees Act 1996.
- Director’s Disqualification Act 1986 advice and litigation and section 17 applications for permission to act as a director.
- Validation applications.
- Retention of title advice.
- Personal guarantee advice.
- Vesting order applications.
- Company restorations – administrative and in Court applications.
- Advice regarding re-use of prohibited company names contrary to sections 216 and 217 of the Insolvency Act 1986.
- Advice regarding enforcement of judgments – including enforcement tools under the Civil Procedure Rules 1998.
- Obtaining charging orders and Orders for sale pursuant to CPR 73.
Examples of relevant work
- Paul has acted for the administrators of an agricultural goods supply company over which they were appointed. Paul advised the administrators in relation to creditors’ retention of title issues relating to stock worth in the region of £1.5 million. The matter was time sensitive due to the nature and volume of stock on site and the associated costs of storage, security and other related expenses.
- Acting for a trustee in bankruptcy to realise his interest in a bankrupt’s former matrimonial home involving various claims including under section 423 of the Insolvency Act 1986.
- Acting for a creditor by way of assignment in a claim relating to a director’s breach of section 216 of the Insolvency Act 1986 and seeking that the director be held personally liable for the company’s debts pursuant to section 217 as a result of it having traded with a prohibited name in contravention of the Act. This was an interesting case, not least because of issues arising when we came to enforce the judgment against the director in relation to a purported declaration of trust by way of deed involving a child under the age of 18 and potential undue influence issues over execution of a legal charge.
- Advising a former company director in relation to various claims by the company’s liquidator, including a substantial wrongful trading claim.
Paul is born and raised in Worcester and lives close to the city centre. When not working he enjoys playing golf, football and walking, and tries to visit the gym as often as possible.
See the services offered by our Cheltenham Solicitors