+44(0)20 7404 5055 | clerks@9stonebuildings.com

Giselle McGowan

Call 2011

image award 1
image award 1

Overview

Giselle McGowan has a commercial chancery practice with a particular emphasis on insolvency, property and indirect tax litigation.

Giselle is ranked in the Legal 500, 2021 Edition, as a Leading Junior for Insolvency and is described as a ‘Good communicator and very robust in court; quickly disseminates thoughts and involves team in discussions.‘

Prior to joining 9 Stone Buildings Giselle was an employed barrister at Her Majesty’s Revenue & Customs Solicitor’s Office working in the Enforcement and Insolvency, Personal Tax and VAT teams.


Practice Areas

Insolvency & Company +

Giselle is regularly instructed by office-holders, directors, creditors and/or debtors in personal and corporate insolvency matters including:

  • Misfeasance, breach of duty, wrongful trading and fraudulent trading claims and applications to set aside antecedent transactions.
  • Disputed bankruptcy and winding-up petitions.
  • Applications to restrain presentation or advertisement of winding-up petitions.
  • Administration applications.
  • Proceedings relating to bankruptcy such as applications to set aside statutory demands, to suspend discharge, for sale of property and annulment applications.
  • Personal and private examinations.
  • Proprietary claims.
  • Freezing order applications.

 

Recent work includes:

  • Obtaining a declaration that assets in the name of a company director’s wife were held on trust for the company.
  • Obtaining declarations that directors had misappropriated company monies and/or breached their duties to the company and an order that they compensate the company.
  • Obtaining declarations that a liquidator’s appointment was valid and that share purchase agreements prior to her appointment were a sham.
  • Successfully opposed an application to appoint joint-administrators as joint-liquidators upon the company moving from administration to liquidation.

 

Giselle is also regularly instructed on company and partnership matters including partnership disputes, claims against directors, claims for dissolution and director disqualification proceedings.

Reported cases:

Re Solid Homes Ltd (in liquidation) [2020] All ER (D) 41 (Nov)
Tradestar Ltd v Goldfarb [2018] B.C.C. 173 (upheld on appeal [2018] EWHC 3595 (Ch))
Re Helen Irene Borodzicz [2015] All ER (D) 03 (Dec)

Land & Property +

Giselle regularly advises on and acts in property disputes including commercial and residential landlord and tenant matters, enforceability of covenants and easements, adverse possession, relief from forfeiture, leasehold enfranchisement, claims involving rectification of the Land Register, issues arising out of joint ownership of land including TLATA claims and claims involving constructive and resulting trusts and proprietary estoppel and property disputes arising within personal and corporate insolvency matters.

Recent work includes:

  • Obtaining an order for alteration of the Land Register to substitute the Applicant trustees in bankruptcy as registered proprietors of property on the basis that the bankrupt’s purported signatures on the contract for sale and TR1 purportedly transferring the property to the Respondent were forgeries and that the bankrupt had been the victim of identity theft and fraud carried out by a third party.
  • Defending a claim for misrepresentation and breach of contract involving the sale of a residential properly.
  • Resisting an application to set aside an arbitration award concerning a property management quasi-partnership on the grounds of bias.
  • Obtaining a vesting order in a leasehold enfranchisement claim where one landlord could not be located and the other opposed the making of the vesting order.
  • Successfully representing the co-owner wife in a TLATA claim by an executor of her co-owner husband’s will seeking possession and sale of property where the claim was dismissed in its entirety.

 

Reported cases:

Coventry v Lawrence [2014] UKSC 46; [2015] A.C. 106

Indirect Tax & Duties +

Giselle regularly advises on indirect tax and duties matters and represent taxpayers and HMRC in tribunal appeals.

Recent work includes appeals concerning:

  • Liability to register for insurance premium tax.
  • Liability to register for VAT.
  • Rejection of a proposed partial-exemption special method.
  • Missing-trader intra-community fraud.
  • Amending the effective date of registration for VAT.
  • Whether supplies were single composite or separate supplies.
  • Whether sums received were consideration for taxable supplies for VAT purposes or sums collected as agent.
  • The classification of services within a property development project for VAT purposes.
  • Personal liability notices (direct tax).

 

Recently Giselle has worked closely with HMRC Solicitor’s Office‘s Northern Ireland Protocol VAT and Duties Advisory team providing advice in relation to the Northern Ireland Protocol as regards customs matters.

Reported cases:

National Federation of Occupational Pensioners v Revenue and Customs Commissioners [2018] UKFTT 26 (TC); [2018] SFTD 691


Additional Information

Giselle is ranked in the Legal 500, 2021 Edition, as a Leading Junior for Insolvency and is described as a ‘Good communicator and very robust in court; quickly disseminates thoughts and involves team in discussions.‘

  • Contributing editor, Insolvency Legislation: Annotations & Commentary (Louis Doyle & Professor Andrew Keay (eds)) LexisNexis 9th Edition
  • Contributor, Tolley’s Insolvency Law Service (LexisNexis)
  • Liability of trustees and the discretion to manage the estate – Borodzicz v Horton, Lexis PSL Restructuring and Insolvency monthly highlights, December 2015 (interviewed by Diana Bentley)
  • The Law of Disclaimer, International Corporate Rescue Journal, Volume 11, Issue 4, 2014

 

Education and qualifications

2011 – LLB – The College of Law
2011 – BPTC – The College of Law
2010 – GDL – The College of Law
2007 – BA Politics and Philosophy – University of Sheffield

Prizes and scholarships

Sunley Scholarship, Lincoln’s Inn
Buchanan Prize, Lincoln’s Inn

Memberships

Chancery Bar Association
R3 Association of Business Recovery Professionals
The Honourable Society of Lincoln’s Inn

Giselle McGowan is an independent self-employed barrister registered with the Bar Standards Board of England (ref. no 13413); 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 2930/069) (details of the world-wide cover are provided at www.barmutual.co.uk); is registered for VAT (reg. no. 168 754 953 ); and can be contacted during chambers opening hours by telephone at 02074045055 or by e-mail at clerks@9stonebuildings.com.

  • * Required fields