Sam Payne, Partner, Head of Restructuring and Insolvency team and London Office

When a company was presented with a winding-up petition during the pandemic by a debt collection agency, the company’s director turned to Deanne Hamilton for help. The petition was challenged on multiple grounds, including that the use of the petition was an abuse of process, that the contract was bound by the company’s terms and conditions which prohibited assignment, and that Covid-19 had affected the company.

When Deanne’s client decided to pay the debt, despite it being disputed, Deanne guided her through the process and negotiated a settlement with the debt collection agency for a considerably lower amount than was originally sought.

The client said: “This is the best news, thank you so much. Deanne, you have been wonderful throughout and especially helping me with my serious upset and frantic feelings, you have gone above and beyond anything expected. I am so grateful for all your kindness throughout this whole process.”

The case illustrated how important it is to have terms and conditions and how to present them so they are binding.

Nicholas Hughes, of our London’s restructuring and insolvency team, recently advised on an application to revoke a supply licence for an electricity supply company, MA Energy Limited. The customers were transferred under the SoLR procedure and Nick assisted in appointing an administrator for the electricity supply company.

Asher Miller, partner at Begbies Traynor, worked with Nicholas throughout the process. He said: “I have worked with Nick for many years. He has proved himself time and time again to be an effective problem solver and a tenacious litigator.

“His flexibility, along with his collaborative approach to the work he undertakes, makes him an integral part of the team on any assignment. It is these qualities, along with his strategic technique, that mean that Nicholas is unlike many other lawyers who see things through a much narrower lens when advising.”

Nick also worked with the head of our London R&I team, Dan Sejas, on resolving similar problems for a second energy company Ampower UK Limited, and again the company was put into in administration.

Whilst the immediate pressure on energy companies is expected to ease with the proposed increase in the price cap in the spring, Nick expects to be called upon to assist companies and insolvency practitioners working in other sectors where re-structuring will be required as the economy leaves the pandemic behind.

Sam Payne’s expertise was called upon when the administrators of Lendy – a peer-to-peer lender that entered administration – needed advice.

The administrators effectively took on the role of management of the company’s loans - a complex and multi-faceted assignment. Sam was called in to advise on the full scope of restructuring and insolvency matters, calling upon HCR’s wider expertise to deal with a range of issues including property litigation and dispute resolution problems.

Damian Webb of RSM said: “Sam’s excellent understanding of all intricacies of both the financial and insolvency aspects to this administration, and his great team, are why we continue to instruct them.”

When a lender had serious concerns relating to a shallow mine business it had lent to in Northumbria, they turned to Sam Payne – our head of restructuring and insolvency – for advice.

A full security review was provided, as well as calling on the firm’s wider resources to provide a holistic approach to the issues at hand which went beyond solvency concerns. With the assistance of our planning, construction and regulatory teams, Sam and his team formulated a plan which included the appointment of administrators.

Jo Power, of FRP (previously ExWorks), said: “Sam is great at building relationships, has a strong knowledge of the marketplace and will make introductions to relevant third parties. He is proactive and very commercial, coming up with suggestions and solutions that we hadn’t thought of.

“Sam doesn’t just focus on the legal documentation, but also uses his mind to find ways forward. He is very down to earth and is never difficult to get hold of. Sam offers a genuine, partner-led approach.”

When Mr D of Swindon found himself being pursued by his former fellow director/shareholders for monies said to be due after they fell out, he turned to Derek Jones, from our Restructuring and Insolvency team, for help.

Subsequently the Company went into liquidation and the liquidator continued the claim.

At a round table meeting with Derek, the liquidator, Mr D and his accountant, Derek set out and explained the reasons why the claim was hotly disputed and the defences available to his client which culminated in the liquidator deciding to drop the claim.

Mr D said: “Thanks for everything buddy, having you there was fantastic and helped me see and understand the situation I had found myself in“

When a client found herself facing a trial over her former solicitors’ claim for their fees, the calm and thorough approach of partner Derek Jones, from our restructuring and insolvency team, averted the trial and brought the costs dispute into negotiation.

The trial had been due to take place the week after Derek was consulted - the client had not paid the fees owed because of concerns about the quality of the advice provided; following that advice had left her in a very difficult financial situation.

Derek’s thorough review of the case meant that he was able to have the trial cancelled and insist that the solicitors should have their costs assessed by the court; they had failed to tell the client that this was an option. Settlement negotiations are now underway.

The client said: “I can’t thank you enough for your help, support and encouragement; I had lost hope! Derek, you make a million papers of jargon, threats and financial demands, together with lever arch files full of battles, appear quite minimal and easy to reply to - a doddle. Eternally grateful for everything.”

When an insolvency practitioner needed advice in relation to the sale of a business in administration, legal counsel Lisa Thompson was ideally placed to help.

Michael Quinn, assistant manager at Quantuma LLP, said afterwards: “Lisa’s advice was practical, technically sound and always delivered in a timely manner and I would not hesitate to recommend Lisa.

Agility and flexibility were the keys to success when Lisa Thompson provided advice and draft documentation relating to the sale of the assets in an administration.

The structure of the deal changed many times – there was even a last-minute change of the acquiring party.

Joph Young, senior manager at Smith &Williamson LLP, said afterwards: “Lisa was agile, adaptable and very efficient in dealing with these changes and her advice and communication throughout were excellent.”

Derek Jones acted for a Trustee in Bankruptcy client where the bankrupt’s daughter had particular needs which meant the family home had been specially adapted; the home needed to be sold to enable our client to settle the bankruptcy. Derek explained the situation to the bankrupt clearly and sympathetically and provided a sense of relief that a solution could be found.

“Practical and speedy solution to an otherwise impossible situation”

I have known and worked with Derek for well over 20 years on various assignments and have always found him to be a true professional, providing sound practical and technical advice based upon a wealth of experience. In my view, one of the finest insolvency lawyers the West Country has produced!

Steve Ramsbottom – Partner at Moore Stephens