Donald Lilly

Donald Lilly is a Barrister at 4 Stone buildings.Donald litigates and advises in the fields of corporate insolvency, offshore litigation, company law and financial services. Donald is described as a "real rising star" under the "Insolvency" category of the 2011 Legal 500.

Cases of particular interest

  • Re the B Trusts (Supreme Court of Bermuda): advising (with Robert Ham QC) a Bermudian trust company in relation to its category (2) blessing summons.
  • Re a Company (In Arbitration): represented (with Claire Blanchard QC) the minority shareholders in a corporate member of a Lloyd's syndicate in relation to their claim under §994 of the Companies Act 2006.
  • Serious Organised Crime Agency v Perry [2011] EWCA Civ 578 (with Tony Peto QC): appeared in the Court of Appeal resisting an application to set aside a worldwide property freezing order; on appeal to the Supreme Court listed for March 2012.
  • Europeans Ltd v Revenue and Customs Commissioners [2011] EWHC 948 (Ch): appeared on behalf of a director defending himself against a third party costs award in the context of findings of MTIC fraud against the company by the VAT and Duties Tribunal.
  • Re Oasis Holdings Limited Mithani Bulletin 44: appeared (with Patrick Lawrence QC) on behalf of a director resisting an application by the Official Receiver for permission to rely upon additional allegations of unfitness (the entire claim was ultimately abandoned by the OR).
  • Re a Company
  • [2010] EWHC 3814 (Ch): appeared on behalf of a debtor company seeking to restrain advertisement of a winding up petition on the basis of CVA proposals and the quia timet jurisdiction.
  • Oak Investment Partners XII, Limited Partnership v Martin Boughtwood [2009] 1 BCLC 453: represented (with Christopher Harrison) a US-based investment partnership for the trial of its petition under §994 of the Companies Act.

Corporate insolvency

In addition to the corporate insolvency cases noted above that have an international dimension, Donald regularly appears in the Chancery Division for English corporate insolvency matters. His advisory work spans all aspects of corporate insolvency with a particular focus upon cross-border insolvency issues and the application of the EC Insolvency Regulation. He has also advised companies on the availability of insolvency set-off and provided expert opinions to the liquidators on whether proofs of debt should be admitted or rejected.

Offshore

Off-shore work, in particular trusts litigation, is increasingly becoming a significant proportion of Donald's practice.

Company

In the field of company law, Donald's practice focuses upon minority shareholder rights, both §994 petitions and derivative claims.Donald has also settled and continues to act in a number of §994 petitions and derivative and company claims against directors. He has appeared on behalf of companies seeking an order in pursuance of the Companies Cross-Border Merger Regulations 2007.

Financial services

Donald has also advised upon the impact of the Financial Services and Markets Act 2000 (Regulated Activities) Order 2001 and the consequences of "regulated activity" upon the distribution of assets in a liquidation and payment of commission upon entering a regulated mortgage.

Practice areas

Membership

  • Member of the Chancery Bar Association and COMBAR

Education

  • MA and BCL, Wadham College, Oxford (Scholar)

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