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Nora Wannagat

Call 2018

Overview

Since joining 9 Stone Buildings in October 2019 on successful completion of her pupillage in chambers, Nora has developed a broad chancery practice. Her experience is wide-ranging and includes insolvency, company, property and contentious probate disputes. She also regularly advises on and acts in purely commercial cases, often concerning the interpretation of international commercial contracts.

In addition to regularly appearing in trials and applications across these areas, both in the County Court and in the High Court, she has on several occasions acted as sole counsel in appeals.

Before coming to the Bar, Nora taught languages and worked as a translator for a German law firm alongside her studies. She can take instructions and advise in both English and German.


Practice Areas

Insolvency & Company +

Nora has worked on a wide range of insolvency and company matters. She is also on the Lexis PSL expert panel for Insolvency and Restructuring and regularly publishes analyses of recent cases in this area. She has appeared in, advised on, and drafted documents in the following:

  • Contested bankruptcy and winding up petitions;
  • Applications for an injunction restraining the presentation of a winding up petition;
  • Applications to set aside a statutory demand;
  • Misfeasance proceedings against directors of insolvent companies and partners in insolvent partnerships;
  • Disputes involving wrongful and fraudulent trading;
  • Applications for the stay of winding up proceedings;
  • Shareholder disputes, in particular unfair prejudice petitions;
  • Applications for validation orders;
  • Permission applications under s216(3) of the Insolvency Act 1986;
  • Various procedural applications arising from an order for the sale of a bankrupt’s home;
  • Applications to rectify the Companies House register;
  • Directors’ disqualification proceedings;
  • Applications for the restoration of companies;
  • Litigation concerning the insolvent estate of a deceased person;
  • Applications for a private examination under s236 Insolvency Act 1986;
  • Challenges to IVAs.

 

She acted for the petitioners in the four day trial of an unfair prejudice petition in the Chancery Division of the High Court (Munim v Rahman [2022] EWHC 2870 (Ch)). The case involved (inter alia) an allegations of forgery in relation to stock transfer forms.

In Windhorst v Levy [2021] EWHC 1168 (QB) and [2021] EWCA Civ 1802, she appeared as sole counsel for the successful Respondent in both the High Court and the Court of Appeal. This was an appeal against an order registering a German judgment. The main issue was the effect of a foreign insolvency process on the enforceability of the judgment. In both the High Court and the Court of Appeal, the registration order was upheld.

She also acted as a junior to Rory Brown in a two week trial relating to breaches of directors’ duties, knowing receipt and unjust enrichment (Re Grosvenor Property Developers [2020] EWHC 1963 (Ch)).

In a third party debt order application in the same matter, as sole counsel, she has successfully argued that the corporate veil should be lifted to treat funds owned by a dissolved company as those of its director.

Commercial +

Nora has acted as sole counsel in a variety of trials and other hearings in commercial matters. Her experience includes:

  • Contractual disputes;
  • Disputes arising from the sale of goods and services;
  • Professional negligence claims;
  • Freezing injunctions;
  • Debt claims;
  • Unjust enrichment claims;
  • Disputes involving fraud and forgery allegations;
  • Appeals against the registration of foreign judgments;
  • Relief from sanctions applications in commercial cases;
  • Jurisdiction issues;
  • Strikeout applications;
  • Summary judgment applications;
  • Applications for payment of funds out of court;
  • Advising on limitation issues;
  • Applications to set aside default judgments.

 

She appeared for the Respondent in Miah v Ahmed [2023] EWHC 1742 (KB), a High Court appeal primarily concerned with the question of what medical evidence is required to seek an adjournment of a trial on grounds of a Covid-19 infection.

In a recent two day trial concerning the identity of the parties to a commercial contract, she successfully argued that a company director had entered into the arrangement in her personal capacity, rather than on behalf of the company.

Many of Nora’s commercial cases have an international element. For instance, she appeared for the claimant in a four day trial involving an oral arrangement between an English company and a German company whereby the claimant acted as a broker for the purpose of facilitating the international shipping of waste. The claim was for unpaid invoices, with a substantial counterclaim centred on the extent of the claimant’s duties under the oral contract. Her client succeeded on the claim, as well as successfully resisting the counterclaim.

She has also acted for a property development company active in Germany and the Netherlands in a dispute concerning the interpretation of a guarantee. In that case, she successfully opposed a summary judgment application for 14 million Euros.

Land & Property +

Nora has acted in several multi-track trials concerning land and property issues, ranging from TLATA disputes to unjust enrichment claims arising out of failed property transactions, as well as a trial of a proprietary estoppel claim relating to the assignment of a business tenancy.

She recently obtained a proprietary injunction in the Chancery Division of the High Court, successfully arguing that the terms of a guarantee were such that they provided the applicants with a charge over certain properties owned by the guarantors.

In a trespass and dilapidation claim relating to various alterations allegedly made to a mosque while its owners were out of possession, she secured an order that the claim – exceeding £100,000 – be struck out against all of her five clients.

Further, she has:

  • Advised on an undue influence and lack of capacity claim in which the claimant sought to rescind the transfer of a property;
  • Advised on, and acted in procedural applications in, a dispute about a potentially forged trust deed relating to the beneficial interest in a property;
  • Drafted and appeared at the hearing of an application for third party disclosure in a property dispute;
  • Appeared at final charging order hearings;
  • Appeared for both landlords and tenants in contested possession proceedings.

 

Wills & Probate +

Nora has advised on and acted in various probate matters, including:

  • Claims brought on behalf of the estate of a deceased person;
  • Applications for the production of a will, and applications for the removal of a personal representative;
  • Claims under the Inheritance (Provision for Family and Dependants) Act 1975;
  • Approval hearings following such settlements on behalf of children and protected parties.

 

She has experience in negotiating settlements for her clients in proceedings under the Inheritance (Provision for Family and Dependants) Act 1975, both in mediations and as a result of Early Neutral Evaluations.

In Miah v Ullah [2021] EWHC 3712, she represented the Claimant before a Chancery Master and successfully resisted an application to set aside a judgment for the removal of an executor. She also acted in the appeal before a Deputy High Court Judge, where the decision was upheld.


Additional Information

Recognition of an administration in the Abu Dhabi Global Market under the Cross Border Insolvency Regulations 2006 (Re NMC Healthcare Ltd (in administration)), Lexis PSL (Link) (£)

Foreign insolvency proceedings and the enforceability of European judgments under Brussels I (Windhorst v Levy), Lexis PSL (Link) (£)

Claims arising from a fraudulent investment scheme resulting in corporate insolvency (Biscoe (as joint liquidators of Equitable Law Capital Ltd) v Milner), Lexis PSL (Link) (£)

‘Manifest error’ in expert determination clauses-a visibility test? (Flowgroup plc (in liquidation) v Co-Operative Energy Ltd) (Link) (£)

Validation orders and funds needed to pursue collateral proceedings (State Bank of India and others v Mallya) (Link) (£)

Assignment of office-holder claims under s246ZD of the Insolvency Act 1986 (Re Totalbrand Ltd) Lexis PSL (Link) (£)

Setting aside a judgment in insolvency proceedings for want of service (Re Truewood Ltd) Lexis PSL (Link) (£)

Challenge to the appointment of administrators on grounds of improper purpose (Re Hat & Mitre) Lexis PSL (Link)) (£)

Restraining presentation of a winding-up petition on grounds of an anticipated change in the law (Re A Company) Lexis PSL (Link) (£)

The effect of debarring orders in complex fraud cases (Re Grosvenor Property Developers Ltd (in liquidation)), Lexis PSL (Link) (£)

An investigation – not what the doctor ordered? [2019] 3 Recovery, 32 [view PDF]
First published in the Autumn 2019 edition of RECOVERY magazine and reproduced with the permission of R3 and GTI Media

Clarification of the meaning of ‘desire’ to bring about a preference (Re Paul Flatman Ltd (in creditors’ voluntary liquidation)), Lexis PSL (Link) (£)

Qualifications

BPTC (Very Competent) – The University of Law (London Bloomsbury) – 2018

LLM International Commercial Law (Distinction) – University College London (UCL) (Dissertation: Divided Ownership and the Effects of Insolvency in the English Trust and German Treuhand) – 2017

BA Jurisprudence (English Law with Legal Studies in Europe) (2:1) – University of Oxford, Magdalen College – 2016

 

Prizes and scholarships

Gray’s Inn Bedingfield Scholarship – 2017

Gray’s Inn Residential Scholarship – 2017

The University of Law Advocacy Scholarship – 2017

8 New Square Prize for the best performance in the LLM Copyright and Designs module – 2017

Third Prize, Ninth International Roman Law Moot – 2016

 

Memberships

Chancery Bar Association

The Honourable Society of Gray’s Inn

British-German Jurists’ Association

Associate Member of the Property Bar Association

Nora Wannagat is an independent self-employed barrister registered with the Bar Standards Board of England; whose practice is governed by the Code of Conduct of the Bar of England and Wales which code can be found at www.barstandardsboard.org.uk; has full professional liability insurance provided by the Bar Mutual Indemnity Fund Limited (ref BM 2930/080) (details of the world-wide cover are provided at www.barmutual.co.uk); is registered for VAT (reg. no. 331744123); and can be contacted during chambers opening hours by telephone at 02074045055 or by e-mail at clerks@9stonebuildings.com.

In addition to the Terms and Conditions specified in the chambers’ website, optional clauses 7(b) and 7(c) shall apply with the insertion of a figure of ten million pounds (£10m) and optional clause 7(f) shall apply.

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