Kate undertakes a broad spectrum of commercial litigation whilst specialising in insolvency. She regularly appears in both the High Court and the County Court, with significant trial and injunctive advocacy experience.
Kate’s insolvency practice encompasses, sham transactions; transactional avoidance; preference payments; defrauding creditors; trust deeds; declaratory relief; income payments orders; enforcement; contested winding up proceedings; administration orders; and injunctive relief, both in respect of freezing orders and in respect of the presentation/advertisement of winding up petitions. This includes proceedings in which there is a foreign jurisdictional element and in which it is necessary to advise on the cross-boarder part of the claim.
In addition, Kate has experience of the law of receivership, the appointment of receivers, and their duties. She has successfully acted for receivers in claims brought against them and in obtaining injunctive relief.
This Practice Note, amended in light of the Insolvency (England and Wales) Rules 2016 by Kate Rogers of Radcliffe Chambers, looks at stays of proceedings (usually actions brought by creditors) in the context of liquidations, starting with when a liquidation stay will automatically apply and—where it does not so apply—in what circumstances a stay can be granted by the court, and when. It discusses the effect of a liquidation stay on creditors and creditors’ actions, and considers the factors the court will take into account when determining an application to lift the liquidation stay by granting permission, or leave, to the relevant party to commence or continue proceedings against a company in liquidation.
This Practice Note, produced in partnership with Kate Rogers of Radcliffe Chambers, looks at the moratorium, or stay, that exists in a company administration, the purpose of the moratorium, when it applies, its scope and effect, how to proceed when it is in place, and the factors the court will take into account when faced with an application to lift it. When a company is put into administration there is an automatic stay on the execution or institution of legal process without consent of the administrator or leave of the court. This note looks at the issues surrounding this.
This Practice Note, produced in partnership with Kate Rogers of Radcliffe Chambers, looks at the circumstances in which a debtor company may—or may not—be wound up where the petition debt is disputed on genuine and substantial grounds. Such circumstances include where the debtor company has a counterclaim or cross-claim against the petitioning creditor, and where the debtor is balance sheet solvent but cash flow insolvent.
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