Nicola’s practice encompasses all aspects of corporate and personal insolvency from voluntary arrangements to liquidations, administrations and bankruptcies.
She advises and represents office-holders, individuals, directors, and insolvent companies. Her insolvency work covers domestic and international cases and she has been retained in a number of high profile liquidations during her career.
Nicola is particularly adept at dealing with complex cases spanning multiple disciplines thanks to her expertise in civil fraud, company law and property law.
Nicola’s specific experience includes:
- Challenges to the approval of voluntary arrangements
- Injunctions to restrain presentation and/or advertisement of winding-up petitions
- Asset recovery: undervalue, preference, misfeasance claims and recovering dividends
- Validation orders and the scope of section 127
- Out of court appointments under schedule B1 and challenges to such appointments
- Moratoriums and seeking permission to enforce and/or proceed with forfeiture of business premises or proceedings against insolvent companies and individuals
- The effect of disclaiming property
- Disputed proofs of debt
- Challenges to decisions of office holders
- Applications to suspend automatic discharge of bankruptcy
- Examinations under s.236 and s.366
Cases include:
- Weavering Macro Fixed Income Fund (In Official Liquidation) v Ernst & Young - instructed by the liquidators of the Weavering Fund to act in this ground-breaking claim against Ernst & Young, the Fund’s former auditors arising out of the large-scale fraud perpetrated by the fund’s founder, Magnus Peterson. The case was widely covered in the press. Nicola was called to the Cayman Islands in this litigation.
- Torchlight Fund LP (2016) - disputed winding up petition presented in the Grand Court of the Cayman Islands. Nicola, led by Robin Hollington QC, was instructed to represent the Fund’s General Partner. The case concerned multi-million dollar investments.
- The Official Receiver v Skeene and Bowers (2016) - sole counsel on behalf of the Official Receiver in the OR’s application to suspend the discharge of Mr Skeene and Mr Bowers’ respective bankruptcies. Skeene and Bowers were the subject of an investigation by the Serious Fraud Office arising out of investors having lost millions of pounds in a scheme set up by them for investments in ethical forests.
- Helman v John Lyon Free Grammar School [2014] 1 WLR 2451 - represented the successful Trustees of the John Lyon’s charity in an appeal concerning the impact of a notice of disclaimer, served by a trustee in bankruptcy, on an earlier notice to enfranchise served pursuant to Part 1 of the Leasehold Reform Act 1967.