Christopher Buckley

RESTRUCTURING AND INSOLVENCY

Chris’s practice includes all aspects of insolvency litigation, both corporate and personal, including applications for directions; contested petitions and administration applications; directors’ disqualification and bankruptcy restrictions orders; proceedings for misfeasance and/or breach of duty, fraudulent and/or wrongful trading and transaction avoidance; insolvent estates (of deceased persons); and insolvent charities. He is recommended for restructuring/insolvency in both Chambers UK Bar and The Legal 500 Bar, having been described as “very quick to pick up on the important details” and “really thoughtful, clever and calm”.

He acts on behalf directors, office holders, companies, creditors, and, as a member of the Attorney General’s A Panel, a range of government departments and agencies, including the Secretary of State for Business and Trade, the Office of Financial Sanctions Implementation, the Official Receiver and HMRC.

His cases of note include:

EFG Private Bank Limited v Babaee [2024] EWHC 444 (Ch) – Acting for a private bank obtaining a bankruptcy order against a former client in respect of a £6 million+ debt. The issues in dispute included the extent of security held by the bank, alleged breaches of the Financial Services and Markets Act 2000 and whether a voluntary arrangement put forward by the debtor was serious and viable
Advising the Office of Financial Sanctions Implementation (alongside various other government departments) in respect of applications for licences under the Russia (Sanctions) (EU Exit) Regulations 2019 relating to proposed restructurings (domestic and cross border)
Vijay Mallya – Acting for the trustees in bankruptcy of Dr Mallya, the former Kingfisher tycoon, owner of Kingfisher Airlines and co-owner of the Force India F1 racing team
Re Cambridge Analytica (2020) – Advising the former CEO of Cambridge Analytica in respect of disqualification proceedings arising out of the insolvency of the Cambridge Analytica group
Re Priest & Co Ltd (2020) – Acting for the joint administrators of an insurance broker seeking approval of a scheme for the distribution of client monies held on trust by the broker when it entered administration. The case was the first occasion on which the FCA varied Chapter 5 of the Client Asset Sourcebook
Re Keeping Kids Company (2017-2020) – (Led by George Bompas KC) Acting for five of the of the former directors and trustees of Keeping Kids Company defending the directors’ disqualification proceedings brought against them following the collapse of the well-known children’s charity
Re Noble Vintners Ltd, Secretary of State for Business, Energy and Industrial Strategy v Eagling [2019] EWHC 2806 (Ch); [2020] BCC 198; [2020] BPIR 402 – Acting for the Secretary of State for Business, Energy and Industrial Strategy on the first application for a compensation order following disqualification as a director
SHB Realisations Ltd v Hassan Mohammed Jawad & Sons BSC (Closed) (2017-2019) – Acting for the joint liquidations of the former high-street chain British Homes Stores against a Bahraini company for breach of a franchise agreement relating to the opening and operation of BHS stores in Bahrain
Re Ixoyc Anesis (2014) Ltd [2018] EWHC 3190 (Ch); [2019] BCC 404 – Acting for the Secretary of State for Business, Energy and Industrial Strategy seeking the disqualification of the defendant for causing the company to unfairly discriminate between creditors
Re Lomo Telecommunications Ltd [2018] EWHC 3856 (Ch) – Representing HMRC on an appeal against the granting of a winding up order, including issues as to service, breach of the right to a fair trial and the status of statutory tax debts
Haughey v Secretary of State for Business, Energy and Industrial Strategy [2018] EWHC 3566 (Ch); [2019] BCC 438 – Acting for the Secretary of State for Business, Energy and Industrial Strategy opposing an application pursuant to section 17 of the Company Directors Disqualification Act 1986 for permission to act as a director notwithstanding disqualification
Rowntree Ventures Ltd v Oak Property Partners Ltd [2017] EWCA Civ 1944; [2018] BCC 135 – Appearing for the recently appointment liquidators of Oak Property Partners Ltd as respondent to an appeal as to the correct approach to the discretion the court exercises when it considers whether it should make an administration order under Schedule B1 of the Insolvency Act 1986
Re Officeserve Technologies Ltd [2017] EWHC 906 (Ch); [2017] BCC 363 – Acting for Bird & Bird LLP and FRP Advisory Ltd seeking their pre-administration costs, supporting the application by the directors of Officeserve Technologies Ltd for an administration order and opposing the winding-up petition presented by a creditor
Re PD Verwaltungs GmbH (2017) – Representing the English liquidators of a German registered company seeking a stay of proceedings brought by two creditors of the company in Germany seeking to enforce their debts against the company’s assets in Germany
Re Caledonian Commodities Ltd; Re Caledonian Ltd [2016] EWHC 2854 (Ch) – Acting for the Secretary of State for Business, Energy and Industrial Strategy seeking the winding up of the companies in the public interest, pursuant to section 124A of the Insolvency Act 1986, on the basis they had had mis-sold investments to members of the public, including precious metals, carbon credits, rare earth metals and coloured diamonds
Taylor v Secretary of State for Business, Innovation & Skills [2016] EWHC 1953 (Ch); [2016] 2 BCLC 35 – Acting for Mr Taylor seeking to reduce the period of a disqualification undertaking given by him pursuant to section 8A of the Company Directors Disqualification Act 1986 in only the second reported application under such section
Advising the joint liquidators of a charity as to the rights the charity had in respect of a multi-million pound will trust
Advising a group of approximately 200 claimants in respect of the impact of the T&N/Federal-Mogul restructuring and their rights in respect of the trusts established as part of such restructuring
Advising the Health and Safety Executive as to the impact of the UK Coal restructuring

COMPANY

Chris has a particular expertise in directors’ disqualification, including competition disqualification, and is a contributing editor of Mithani: Directors’ Disqualification. He also specialises in all aspects of company litigation including proceedings against directors, disputes between shareholders and proceedings involving the Registrar of Companies. He is recommended for company law in both Chambers UK Bar and The Legal 500 Bar, having been described as “An out and out expert” and “Authoritative, clear and insightful”.

He acts on behalf of directors, companies, shareholders, creditors, other individuals, and, as a member of the Attorney General’s A Panel, a range of government departments, including the Registrar of Companies, the Office of Financial Sanctions Implementation, the Secretary of State for Business and Trade, the Official Receiver and the Attorney General.

His cases of note include:

Acting for the CEO of a listed company, defending director disqualification proceedings brought by the Competition and Markets Authority in the Competition Appeal Tribunal and the High Court
Re NRLB Ltd, Brown v Competition and Markets Authority [2024] EWHC 206 (Ch) – Acting for the ultimate owner and former MD of the largest power station demolition contractor in Europe, advising in respect of director disqualification proceedings threatened by the CMA and seeking permission for him to continue to act as a director of the company following the CMA’s acceptance of a competition disqualification undertaking
Advising the Office of Financial Sanctions Implementation (alongside various other government departments) in respect of applications for licences under the Russia (Sanctions) (EU Exit) Regulations 2019 relating to proposed restructurings (domestic and cross border)
Cluskey v Competition and Markets Authority [2023] EWHC 2164 (Ch) – Acting for the former MD of a large demolition contractor, advising in respect of director disqualification proceedings threatened by the CMA and seeking permission for him to continue to act as a director of the company following the CMA’s acceptance of a competition disqualification undertaking
Advising the directors of a company registered in Gibraltar in respect of a multi-billion pound acquisition by the company (2023)
Re Asset Land Investment plc [2022] EWHC 21 (Ch) – Acting for the Secretary of State in respect of directors’ disqualification proceedings alleging that Asset Land Investment plc operated an unauthorised collective investment scheme in breach of FSMA 2000, and mis-sold over £5 million of investments in land to members of the public
Re International Metal Industries Ltd, Sherling v Competition and Markets Authority [2021] EWHC 2463 (Ch) – Acting for the applicants seeking permission to act as directors of nine companies, including one registered in the Republic of Ireland, following the acceptance by the CMA of competition disqualification undertakings pursuant to section 9B of the Company Directors Disqualification Act 1986
Re Haz International Ltd, Il v Yesilkaya [2021] EWHC 1695 (Ch) – Shareholders’ dispute in respect of a stone cladding company that worked on US embassies throughout the world. Acting on behalf of the minority shareholder bringing a just and equitable/unfair prejudice petition and defending misfeasance proceedings brought at the instigation of the majority shareholder
Re Cambridge Analytica (2020) – Advising the former CEO of Cambridge Analytica in respect of disqualification proceedings arising out of the insolvency of the Cambridge Analytica group following the Facebook scandal and a sting by Channel 4
Re Property Group (2010) Ltd, Competition and Markets Authority v Martin [2020] EWHC 1751 (Ch); [2020] 2 BCLC 424 – (Led by Robert Palmer KC) Acting for the defendant in the first competition disqualification case to go to trial. The claim was brought by the CMA, under section 9A of the Company Directors Disqualification Act 1986, following its decision that companies of which the defendant was a director had breached competition law by agreeing minimum rates of commission
Re Keeping Kids Company (2017-2020) – (Led by George Bompas KC) Acting for five of the former directors and trustees of Keeping Kids Company defending the directors’ disqualification proceedings brought against them following the collapse of the well-known children’s charity
Re Fourfront Group Ltd, Stamatis v Competition and Markets Authority [2019] EWHC 3318 (Ch) – Acting for the applicants in the first application for permission to act as company directors following the acceptance by the CMA of competition disqualification undertakings pursuant to section 9B of the Company Directors Disqualification Act 1986
Re Noble Vintners Ltd, Secretary of State for Business, Energy and Industrial Strategy v Eagling [2019] EWHC 2806 (Ch); [2020] BCC 198; [2020] BPIR 402 – Acting for the Secretary of State for Business, Energy and Industrial Strategy on the first application for a compensation order under section 15A of the Company Directors Disqualification Act 1986
Re Ixoyc Anesis (2014) Ltd [2018] EWHC 3190 (Ch); [2019] BCC 404 – Acting for the Secretary of State for Business, Energy and Industrial Strategy seeking the disqualification of the defendant for causing the company to unfairly discriminate between creditors
Haughey v Secretary of State for Business, Energy and Industrial Strategy [2018] EWHC 3566 (Ch); [2019] BCC 438 – Acting for the Secretary of State for Business, Energy and Industrial Strategy opposing an application pursuant to section 17 of the Company Directors Disqualification Act 1986 for permission to act as a director notwithstanding disqualification
Welsh Ministers v Price [2017] EWCA Civ 1768; [2018] 1 WLR 738; [2018] 2 All ER 860; [2018] 1 All ER (Comm) 1108; [2018] BCC 93; [2018] 1 BCLC 1 – Representing the Registrar of Companies at a second appeal as to the circumstances in which it is permissible and, where permissible, appropriate to join a third party to proceedings for the restoration of a dissolved company to the register
Advising the Secretary of State for Education and the Education and Skills Funding Agency in respect of (i) the Secretary of State’s power pursuant to section 128 of the Education and Skills Act 2008 to direct that a former director/trustee of an academy trust may not take part in the management of an independent educational institution, and (ii) the prospects of recovering funding misapplied by the former director/trustee
Re Caledonian Commodities Ltd; Re Caledonian Ltd [2016] EWHC 2854 (Ch) – Acting for the Secretary of State for Business, Energy and Industrial Strategy seeking the winding up of the companies in the public interest, pursuant to section 124A of the Insolvency Act 1986, on the basis they had had mis-sold investments to members of the public, including precious metals, carbon credits, rare earth metals and coloured diamonds
Taylor v Secretary of State for Business, Innovation & Skills [2016] EWHC 1953 (Ch); [2016] 2 BCLC 350 – Acting for Mr Taylor seeking to reduce the period of a disqualification undertaking given by him pursuant to section 8A of the Company Directors Disqualification Act 1986, in only the second reported application under such section
Advising a group of approximately 200 claimants in respect of the impact of the T&N/Federal-Mogul restructuring and their rights in respect of the trusts established as part of such restructuring
Advising the Health and Safety Executive as to the impact of the UK Coal restructuring

COMPETITION

Chris has extensive experience of competition disqualification having appeared in all five reported cases to date, including both the first case to go to trial and the first application for permission to act following disqualification on competition grounds. He is also instructed on behalf of directors in a number of other competition disqualification cases.

His cases of note include:

Acting for the CEO of a listed company, defending director disqualification proceedings in the Competition Appeal Tribunal and the High Court
Re NRLB Ltd, Brown v Competition and Markets Authority [2024] EWHC 206 (Ch) – Acting for the ultimate owner and former MD of the largest power station demolition contractor in Europe, advising in respect of director disqualification proceedings threatened by the CMA and seeking permission for him to continue to act as a director of the company following the CMA’s acceptance of a competition disqualification undertaking
Cluskey v Competition and Markets Authority [2023] EWHC 2164 (Ch) – Acting for the former MD of a large demolition contractor, advising in respect of director disqualification proceedings threatened by the CMA and seeking permission for him to continue to act as a director of the company following the CMA’s acceptance of a competition disqualification undertaking
Re International Metal Industries Ltd, Sherling v Competition and Markets Authority [2021] EWHC 2463 (Ch) – Acting for the applicants seeking permission to act as directors of nine companies, including one registered in the Republic of Ireland, following the acceptance by the Competition and Markets Authority of competition disqualification undertakings pursuant to section 9B of the Company Directors Disqualification Act 1986
Re Property Group (2010) Ltd, Competition and Markets Authority v Martin [2020] EWHC 1751 (Ch); [2020] 2 BCLC 424 – (Led by Robert Palmer KC) Acting for the defendant in the first competition disqualification case to go to trial. The claim was brought by the Competition and Markets Authority, under section 9A of the Company Directors Disqualification Act 1986, following its decision that companies of which the defendant was a director had breached competition law by agreeing minimum rates of commission
Re Fourfront Group Ltd, Stamatis v Competition and Markets Authority [2019] EWHC 3318 (Ch) – Acting for the applicants in the first application for permission to act as company directors following the acceptance by the Competition and Markets Authority of competition disqualification undertakings pursuant to section 9B of the Company Directors Disqualification Act 1986

WILLS AND ESTATES

Chris has extensive experience in this area and acts for Executors/Administrators; private clients; charities; insolvency practitioners; and, as a member of the Attorney General’s A Panel, a range of government departments and bodies, including the Attorney General, the Office of Financial Sanctions Implementation, the Bona Vacantia Division of the Treasury Solicitor’s Department and HMRC.

His cases of note include (many of Chris’s cases in this area are confidential and are therefore not included below):

Re The Will of His late Royal Highness The Prince Philip, Duke of Edinburgh [2021] EWHC 77 (Fam); [2022] 2 All ER 187; [2021] WTLR 1545; 24 ITELR 322 – (Led by HM Attorney General, the Rt Hon Michael Ellis KC MP) Acting for the Attorney General representing the public interest at the private hearing to consider the executor’s application to ‘seal up’ the will of HRH The Prince Philip, Duke of Edinburgh and for the value of his estate to be withheld from the grant of probate
Burns v Bean [2021] EWHC 838 (Ch); [2021] WTLR 795 – Appearing for the executor on a construction summons concerning the application of section 33(2) of the Wills Act 1837
HMRC v Connell (2014-2017) – Acting for HMRC in respect of its claim against the executors of the estate of a tax payer who had participated in a failed tax avoidance scheme for devastavit for distributing the estate to beneficiaries before paying the tax owed to HMRC
Advising the joint liquidators of a charity as to the rights the charity had in respect of a multi-million pound will trust
Advising the executors of an insolvent estate
Advising the Bona Vacantia Division of the Treasury Solicitor’s Department as to the domicile and applicable law for the administration of the estate of a well-known artist who lived in France but was in the process of returning to England
Phillips v RSPB [2012] EWHC 618 (Ch); [2012] WTLR 891 – Appearing on behalf of the Attorney General arguing that a failed legacy should be saved for charity and applied cy-près.

CHARITIES

Chris has a litigation focused charities practice, with particular expertise in respect of failed legacies, regulatory action by the Charity Commission and insolvent charities.

His cases of note include:

Goodband v Charity Commission for England and Wales [2024] UKFTT 111 (GRC) – Acting for a former charity trustee, appealing the Charity Commission’s decision to disqualify her for 12 years pursuant to section 181A of the Charities Act 2011
Advising the Ministry of Defence as to the status of a heritage naval aircraft (2024)
Re Keeping Kids Company (2017-2020) – (Led by George Bompas KC) Acting for five of the former directors and trustees of Keeping Kids Company defending the directors’ disqualification proceedings brought against them following the collapse of the well-known children’s charity
Advising the Charity Commission in respect of the proposed disqualification pursuant to section 181A of the Charities Act 2011 of a high-profile charity trustee
Advising the Secretary of State for Education and the Education and Skills Funding Agency in respect of (i) the Secretary of State’s power pursuant to section 128 of the Education and Skills Act 2008 to direct that a former director/trustee of an academy trust may not take part in the management of an independent educational institution, and (ii) the prospects of recovering funding misapplied by the former director/trustee
Advising the Charity Commission in respect of its discretionary power to disqualify a person from being a charity trustee pursuant to section 181A of the Charities Act 2011
Advising the Charity Commission in respect of an appeal against its decision to make an order under section 76(3)(c)(ii) of the Charities Act 2011 requiring a person who holds property on trust for a charity to transfer it to the official custodian
Advising the joint liquidators of a charity as to the rights the charity had in respect of a multi-million pound will trust
Advising the Public Trustee as to the charitable status of a relief fund established following a naval disaster
Phillips v RSPB [2012] EWHC 618 (Ch); [2012] WTLR 891 – Appearing on behalf of the Attorney General arguing that a failed legacy should be saved for charity and applied cy-près.

RECOGNITION

Christopher is recommended by Legal 500 and Chambers and Partners.

“Chris is very meticulous and user-friendly, and a bona fide expert and a clear authority on the relevant case law.” (Company, Legal 500 UK Bar 2024)
“Christopher is very quick to pick up on the important details and is incredibly thorough. This shines through in his advocacy.” (Insolvency, Legal 500 UK Bar 2024)
“Christopher is very good in the field of director disqualification.“ (Company, Chambers UK Bar 2024)
“Confident and straightforward when on his feet.“ (Company, Chambers UK Bar 2024)
“An out and out expert, who is very experienced and has an excellent eye for detail.“ (Company, Chambers UK Bar 2024)
“His detailed knowledge of insolvency and real estate is rare in the market.“ (Restructuring/Insolvency, Chambers UK Bar 2024)
“He is very good – knowledgeable and always on top of the material.“ (Restructuring/Insolvency, Chambers UK Bar 2024)
“Christopher is really thoughtful, clever and calm.“ (Restructuring/Insolvency, Chambers UK Bar 2024)
“Authoritative, clear and insightful. He brings superb intelligence and advocacy skills.” (Company, Legal 500 UK Bar 2023)
“He provides very clear advice, even when it is somewhat difficult for the clients to hear.” (Insolvency, Legal 500 UK Bar 2023)
“Very intelligent and quickly grasps the key issues at hand.” (Insolvency, Legal 500 UK Bar 2022)
“Christopher is a diligent, intelligent and a brilliant advocate.” (Company and Partnership, Legal 500 UK Bar 2022)
“A good solid barrister who is very personable.” and “His advice is very clear.” (Restructuring/Insolvency, Chambers UK Bar 2022)
“He is a specialist in insolvency matters.” “He is very intelligent and very good on the details – an effective advocate.” (Restructuring/Insolvency, Chambers UK Bar 2021)
“He is on top of the detail and isn’t afraid to tell it how it is.” (Company and Partnership, Legal 500 UK Bar 2021)
“Very responsive, bright and good to work with.” (Chamber UK Bar 2020)
“He’s sensible, measured and very good on his feet in court.” (Chambers UK Bar 2020)

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