| Call 2005
Dawn has extensive experience of both corporate and personal insolvency
Experience and Expertise
Regarding corporate insolvency, Dawn is frequently instructed by officeholders, directors, individuals and insolvent companies and Dawn’s practice has seen an increase in instructions to advise on and appear in cases involving fraudulent and wrongful trading, claims against directors for misfeasance and/or breach of fiduciary duty and transaction avoidance. 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, intervening applications for company voluntary arrangements or administrations, and applications for and against office holders.
Dawn’s personal insolvency practice includes instructions by 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.
Cases and Work of Note
- 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 £24million, 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 £24million
- ABS London Limited v Smith & Selvester (2015): Instructed on behalf of the liquidator in proceedings for significant relief of c. £8.5million against former directors regarding claims for wrongful trading together with numerous allegations of transaction avoidance, misfeasance and/or breach of fiduciary duty. The matter has been listed for a 5 day trial in June 2016.
- In the matter of Dunwoody Marketing Communications Limited (in Liquidation) (2015): Application on behalf of a liquidator to set aside a loan agreement and a multilateral guarantee & 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 defended an appeal against the decision not to set aside a statutory demand (SD) seeking payment of a £1.3million 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.
- In the matter of Jailhouse Rock (UK) Productions (in Liquidation): Application by successor liquidator against previous liquidators for relief pursuant to ss 234 and 236 Insolvency Act 1986, in particular for disclosure of wide-ranging categories of documentation which purportedly ‘belonged to the company’. This gave rise to multi-faceted questions surrounding what exactly constituted property which belonged to the ‘company’ and the distinction with documentation which should be viewed as ‘working papers’.
- Accessory People Ltd v Rouass  EWCA Civ 302: Appeared in the Court of Appeal on behalf of the respondent creditor, regarding an appeal against the discharge of an injunction prohibiting the respondent from advertising a winding-up petition. The decision at first instance was successfully upheld and a winding up order was ultimately made against the appellant company.