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Kate Rogers

| Call 2009

Profile: Insolvency

Kate has a well-established High Court restructuring and insolvency practice. She is ranked as a top-tier junior in Legal 500 2017 for commercial, banking, insolvency and Chancery law.

Kate has a busy and well-established insolvency practice, regularly being instructed in the Chancery Division and Companies Court in all matters of corporate and personal insolvency, including transactions at an undervalue, preferences, misfeasance claims, wrongful trading, allegations of sham, trusts, procedural issues, seeking injunctive relief and enforcement.

In terms of injunctive relief, Kate has experience in both applying for and responding to applications restraining presentation and advertisement of winding up petitions, alongside commercial injunctions, this includes obtaining injunctive relief on behalf of a Trustee in Bankruptcy in proceedings with a foreign jurisdictional element.

In the High Court Kate has experience of appearing in contested winding up proceedings, including disputes as to whether a debt is due and owing; disputes as to liquidated damages clauses; and disputes concerning shareholding.

Kate also has experience in the law of Receivership, the appointment of Receivers, and their duties. She recently acted for a Receiver, in proceedings brought by an individual alleging breach of the duty of good faith and seeking injunctive relief. The application for injunctive relief was refused and the underlying claim against the Receiver struck out.

In addition to her advocacy experience Kate is also regularly instructed to advise on paper, including giving advice as to the validity of trust deeds and whether trust deeds, or other agreements, can be determined to be a ‘sham’.

Part of Kate’s insolvency practice concerns acting for financial institutions when personal guarantees have been given by company directors. Through this strand of her practice she has developed significant experience of dealing with personal guarantees. Further, Kate’s experience of property law compliments her insolvency practice and assists in dealing with issues of security. She has experience in setting aside charges held against property.

 

Cases and Work of Note

Kate Rogers