| Call 2005
Dawn has extensive experience of both corporate and personal insolvency. She is frequently instructed by officeholders, directors, individuals and insolvent companies. Dawn’s practice has seen an increase in instructions to advise on and appear in cases involving claims against directors for misfeasance and/or breach of fiduciary duty, transaction avoidance and wrongful trading.
Dawn regularly advises on and appears in winding-up petitions and connected matters such as injunctions to restrain the presentation or advertisement of petitions, validation orders, applications for administrations (and extensions thereof), and applications for and against office holders.
Previously, Dawn was junior counsel to the BIS for directors’ disqualification directions hearings, which provided extensive experience of directors’ duties, particularly within an insolvency context. Dawn’s personal insolvency practice includes instructions from both trustees in bankruptcy and individuals on various matters, including annulments, applications concerning determination of beneficial interests and consequent orders for possession and sale. She is also regularly instructed in applications to set aside statutory demands, disputed petitions and public/private examinations.
In addition, Dawn is regularly instructed in connection with the technical aspects of the insolvency regime and procedure.
Her recent work includes:
- Taylor D Enterprises Limited (in Liquidation) v Lauder & others (2018) – Acting for the liquidator in advising, drafting proceedings and appearing at the hearing of the claims against the respondents concerning their conduct in relation to a substantial transfer of the Company’s funds and the consequential purchase of a property using such funds. The claims included misfeasance and/or breach of fiduciary duty, knowing receipt, transactions at an undervalue (“TUV”), and preferential payments. Dawn successfully obtained substantial relief.
- GFI Consultants Limited (in liquidation) & Penn (as liquidator of GFI) v Global Forestry Investments Title Limited (“GFI Title”) & Meadows Title Limited (“Meadows”) and Mr Penn (as liquidator of GFI), Mr Paylor (as liquidator of Proximity Ventures Limited (“Proximity”)), Mr Paylor (as trustee in bankruptcy of JunieBowers and Andrew Skeene) (ongoing) – GFI promoted investment schemes in Brazilian forestry, which were subject to ongoing investigation by the Serious Fraud Office. The Office-Holders believed the schemes were operated fraudulently and could amount to Collective Investment Schemes within the meaning of FSMA. Within this context, Dawn was instructed to advise the Office-Holders in various respects, including acting in relation to declarations and orders concerning the transfer to GFI of 86% of the share capital in a Brazilian company where the Shares had been held on trust for the benefit of GFI.
- A v B (2018) – Representing the respondents in proceedings by a liquidator in connection with alleged misfeasance, dividend payments constituting TUVs/preferential payments, claims of unauthorised profit. The allegations were strenuously defended and a settlement was reached at mediation, before a 4 day trial (scheduled for 2019).
- Greencroft International Limited v Emuss (ongoing) – Acting for Greencroft International Limited (“Greencroft”), in opposition to an application to set aside a statutory demand, seeking payment pursuant to the terms of a guarantee. The Debtor sought to challenge the SD on numerous grounds including: (i) various alleged oral agreements concerned alleged oral extensions/variations to the terms of loan; (b) defences allegedly arising out of other facility agreements and debentures. Greencroft sought to defeat the various unsubstantiated allegations and ultimately, Dawn successfully obtained a bankruptcy order against the Debtor following a number of contested hearings.
- Guy Mander and Dilip Dattani (as liquidators of Bowe Watts Clargo Limited) v Jonathan Watts  EWHC 7879 (Ch) – Successfully representing liquidators regarding various substantial claims against the former sole director and shareholder of the Company, including claims for misfeasance, fraudulent breach & breach of fiduciary duty. There were various complex claims arising out of a series of transactions with 5 different companies, all connected with R.
- Fernley Airport Services Limited (2017) – Acting for the trustee of a Pension and Life Assurance Scheme, seeking a double-barrelled order against the company. The company had been struck off the Register but owed a substantial debt of c. £16.7 million to the scheme, pursuant to section 75 of the Pensions Act 1995. Dawn successfully obtained the necessary relief.
- Atkinson (trustee in bankruptcy of Charanjit Singh) v Singh (2017) – Acting for the trustee who had been engaged in protracted legal proceedings with the debtor and various family members, seeking relief in connection with a property. The respondents relied on the existence of a purported trust deed together with alternative arguments regarding the beneficial ownership of the property. The trustee sought to challenge the trust deed as a sham. Alternatively, that the trust deed constituted a transaction at an undervalue and/or a transaction defrauding creditors. The matter was settled on confidential terms prior to trial.
- Stephen Cork & Joanne Milner v Kathleen Bleasdale & John Cariss (2017) – Acting for the trustees in bankruptcy to suspend the automatic discharge of bankruptcy of two debtors (who were husband and wife) due to concerns over a lack of co-operation, a history of non-compliance by the debtors and deliberate attempts to withhold information regarding their financial affairs, particularly regarding their involvement with various corporate entities. Despite protracted and contentious litigation between the parties, giving rise to numerous hearings, medical reports, witness statements, and linked applications against the debtors’ children pursuant to section 236, Dawn was successful.
- Precreate Security Solutions Limited & Jeffrey Brenner v Jackson, Swords & Coppin (2017) – Acting for the liquidator in proceedings against the former directors concerning unexplained payments from the Company to the Rs and other entities. Claims included allegations of unlawful dividends, unlawful extraction of capital, preferential payments, transactions at an undervalue and misfeasance and/or breach of fidcuary duty. Summary judgment for substantial relief was obtained against the first respondent and proceedings were settled on confidential terms against the second respondent before trial.
- ABS London Limited (In Liquidation) v Smith & Selvester and others (2016) – Acting for the liquidator in proceedings for substantial relief of c. £8.5 million against former directors regarding claims for wrongful trading, numerous allegations of transaction avoidance, misfeasance and/or breach of fiduciary duty. The proceedings were settled on confidential terms, before a 5 day trial.
- A v B (2016) – Acting for the joint liquidators of the company in a case involving various claims (c.£22 million) against the former director and shareholder of the company. The respondent orchestrated a series of fraudulent transactions, which constituted an unlawful return of capital which gave rise to claims for breach of fiduciary duty/misfeasance, conspiracy to commit breach of fiduciary duty, TUVs, transactions defrauding creditors, fraudulent and wrongful trading. Proceedings were settled at mediation.
- HMRC v EP Consultants (UK) Limited (In Provisional Liquidation); EP Consultants (UK) Limited (Provisional Liquidation) v Chahal & Ors (ongoing) – Defending a winding up petition presented by HMRC for £24 million, based on unpaid VAT assessments raised in connection with a purported MTIC Fraud in Germany and Poland regarding the sale of mobile phones. In addition, defending interlinked High Court proceedings issued by the provisional liquidator (appointed by HMRC) against the directors of the company for breach of fiduciary duty and conspiracy arising out of the purported MTIC fraud for £24 million.
- In the matter of Dunwoody Marketing Communications Limited (in Liquidation) (2015) – Making an application on behalf of a liquidator to set aside a loan agreement and a multilateral guarantee and indemnity which had been executed together with other mutual guarantees, counter indemnities and personal guarantees. The company in liquidation was the last in a series of companies trading under the same name, which had all gone into administration.
- Josife v Summertrot Holdings  EWHC 996 (Ch) – Successfully defending an appeal against the decision not to set aside a statutory demand (SD) seeking payment of a £1.3 million debt pursuant to a written guarantee, under which the debtor had assumed certain obligations in respect of a share option agreement. It was alleged the debtor lacked the necessary mental capacity to enter into the guarantee. The decision at first instance was upheld successfully and ultimately a winding up order was granted against the appellant company.