Christopher Buckley

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 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, Energy and Industrial Strategy, the Official Receiver and HMRC.

His cases of note include:

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 that have been brought against them following the collapse of the well-known children’s charity.
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.
Advising the executors of an insolvent estate.
Young v Young (2012-2014) – Acting on behalf of HMRC in a high-profile ‘big money’ divorce case in which the wife was seeking to annul her husband’s bankruptcy granted on a petition presented by HMRC.
Acting on behalf of the Official Receiver in ancillary relief proceedings in the Family Division to which he had been joined in his capacity as the husband’s trustee in bankruptcy.
Official Receiver v Wilson (2014) – Acting on behalf of the Official Receiver in proceedings seeking a bankruptcy restrictions order arising out of the defendant’s conduct leading up to and following the commencement of enforcement proceedings against him by the (then) FSA, where such proceedings were for breach of the general prohibition in FSMA and resulted in the FSA obtaining a judgment for in excess of £17 million and the defendant being committed to prison for contempt for breaching interim injunctions and freezing orders.

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 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 Secretary of State for Business, Energy & Industrial Strategy, the Official Receiver and the Attorney General.

His cases of note include:

Re International Metal Industries Ltd [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 Haz International Ltd [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.
Re Property Group (2010) Ltd [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 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 that have been brought against them following the collapse of the well-known children’s charity.
Re Fourfront Group Ltd [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.
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, following the disqualification of the defendant.
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 restoration of a dissolved company to the register of companies.
Advising the Registrar of Companies in a number of different cases as to whether the court had jurisdiction to restore companies to the register of companies.
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 a wife who had obtained a substantial award in matrimonial proceedings as to whether she could enforce such award against various assets owned by offshore trusts and foreign registered companies believed to be connected with her former husband.
Advising the Health and Safety Executive as to the impact of the UK Coal restructuring.
Acting for a broker on its applications for late registration of a number of charges granted by different companies which secured several million pounds of lending by its clients.

COMPETITION

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 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); [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.
Stormonth v Stormonth (2012) – Appearing on behalf of the Attorney General in a will construction dispute, arguing that a gift to “good causes” was charitable and that a gift of “all other monies” included the deceased’s real, as well as her personal, estate.
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:

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 that have been 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.
Advising a well-known charity as to whether a legacy left to it failed by reason of a condition which could not be fulfilled, whether the legacy could be saved for charity and the prospects of it successfully arguing that under any cy-près scheme the failed legacy should be paid to it free of conditions.
Stormonth v Stormonth (2012) – Appearing on behalf of the Attorney General in a will construction dispute, arguing that a gift to “good causes” was charitable and that a gift of “all other monies” included the deceased’s real, as well as her personal, estate.
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.

TRUSTS

COMMERCIAL DISPUTES

MEDIATION AND ARBITRATION

RECOGNITION

PUBLICATIONS AND SPEAKING

QUALIFICATIONS

POLICIES AND OTHER DOCUMENTS

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