Chloe has extensive experience of corporate and personal insolvency matters and is frequently instructed to act on behalf of office holders, creditors and individual debtors in insolvency litigation. Her experience includes complex misfeasance and breach of fiduciary duty claims, claims involving TUVs, preferences and transactions defrauding creditors, orders for sale, unlawful distributions, and contested winding up and bankruptcy petitions.
Chloe also has wide-ranging experience of company law matters, including unfair prejudice petitions, derivative claims and contractual shareholder disputes. She was instructed in the groundbreaking Supreme Court company law appeal in Sevilleja v Marex Financial Ltd [2020] UKSC 31 in which the doctrine of reflective loss was fundamentally restated, acting (as second junior counsel) on behalf of the APPG on Fair Business Banking as intervener.
Notable and recent insolvency and company cases include:
- Sevilleja v Marex Financial Limited [2020] UKSC 31 – Supreme Court appeal in which the doctrine of reflective loss was fundamentally re-stated.
- Dominik Thiel-Czerwinke and Jamie Taylor (as Joint Liquidators of Courtside Recycling Limited (in liquidation)) v Nicholas Crabb [2024] EWHC 337 (Ch) – acted as sole counsel for the joint liquidators in a fraudulent trading and fraudulent breach of duty claim worth £2.5m.
- Kendall v Ball [2024] EWHC 746 (Ch) – acted as sole counsel for the respondent (former directors) against a Silk in a contested application brought by administrators pursuant to s. 234 of the Insolvency Act 1986 concerning complex issues relating to resulting and constructive trusts.
- Re A1 Comms Limited – acting as sole counsel for the joint administrators of one of the UK’s foremost mobile phone providers. Presently instructed in a complex application for directions pursuant to para 63, Sch. B1 which affects the treatment of several million pounds of funds in the administration. The application raises novel issues concerning the law of assignment and is due to be heard in July 2024.
- Re Kent Conversions Ltd [2023] EWHC 1729 (Ch) – acted as sole counsel for the petitioner in an unfair prejudice petition arising out of the breakdown of a personal relationship concerning a family-owned company.
- Re BCCI Limited & Kingdom Halal (UK) Ltd – acted as sole counsel for the liquidator of two companies in a claim alleging fraudulent trading in respect of a VAT fraud worth £2m. The claim settled shortly before trial.
- Rasul v (1) Ginwalla (2) Capital Investment Centre Limited [2021] EW Misc 7 (CC) – acting for a director opposing a derivative claim claim and subsequent unfair prejudice proceedings in relation to the purchase of a property allegedly connected with the company.
- Acting as sole counsel on behalf of a Russian bankrupt in CBIR 2006 proceedings in this jurisdiction (in which the bankrupt has substantial assets), with creditors in the region of $100m.
- Acting as sole counsel on behalf of a bankrupt’s spouse defending proceedings brought pursuant to s. 423 (transactions defrauding creditors) worth £7m.
Acting (led by Simon Davenport KC) for the petitioning creditor in bankruptcy and winding up proceedings worth over £60m