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Shantanu Majumdar

| Call 1992

Profile: Insolvency

Experience and Expertise

Shantanu advises and acts for and against office holders in various corporate and personal insolvency proceedings. He also advises before, during and after non-insolvency proceedings on the recoverability of actual or prospective awards of damages both here and abroad.

 

Cases and Work of Note

He recently acted for a liquidator in a case involving the enforceability of a “debt” arising from MTIC fraud and the repatriation of funds held in the Dutch Antilles and subject to the First Curacao International Bank (FCIB) protocol.

In Withers LLP v Harrison-Welch [2013] BPIR 145 (QB) he successfully defended claims by a well known firm of solicitors to set aside a property transaction under s 423 of the Insolvency Act 1986 and for non-party costs under s 51 of the Senior Courts Act 1981.

He advised a major financial services provider on its policy as regards personal guarantees in the event of the guarantor’s bankruptcy.

He acted for individuals seeking to set-aside statutory demands for £15m served by a lender.

He has advised leading hedge funds on the restructure / recovery of multi-million pound investments and the enforceability of securities.

In Paulin v Paulin & Cativo Limited (in liquidation) Court of Appeal [2009] EWCA Civ 221, [2010] 1 WLR 1057, [2009] 3 All ER 88n, [2009] 2 FCR 477, [2009] 2 FLR 354, [2009] Fam Law 567, [2009] BPIR 572 he acted for the liquidators of an Isle of Man company in a family dispute involving the lifting / piercing of the corporate veil and the annulment of a bankruptcy order procured by abuse of process.

Books and Articles

He is the co-editor, with 3 other members of chambers, of the Insolvency section of Butterworths Civil Court Precedents.

Aluminium, fish and some unusual collateral: the pitfalls of lending on the security of your own shares – Journal of International Banking and Financial Law – July/August 2011 – Robert Tchenguiz’s unusual loan arrangements with his Icelandic bankers.

Insolvency set-off and security: anomaly or principled exception? – Journal of International Banking and Financial Law (2009) 11 JIBFL 652 (insolvency).

Reverse Gear – Part 1 and Part 2 – New Law Journal (2009) 159 NLJ 1015 and 159 NLJ 1053 – Paulin v Paulin & Cativo Ltd and a judge’s jurisdiction to change his mind between judgment and order of the court – the test on an application to annul a bankruptcy on the debtor’s own petition.

Shantanu Majumdar
"He is able to cut through complexity to identify and address the core issues both in law and on a pragmatic basis. Apart from his great mind, Shantanu is an elegant and talented drafter and if one couples this with his talent as an advocate, and his willingness to put in the hours and burn the midnight oil at short notice, he is counsel that you want by your side."

Instructing Solicitor