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.
- 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 for Joint Liquidators in a fraudulent trading and fraudulent breach of duty claim in respect of a VAT fraud worth £2m.
- 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.
- Acting as sole counsel for a minority shareholder in a claim for injunctive relief pursuant to a shareholders’ agreement.