Overview
Louis’ commercial chancery practice has a particular emphasis on insolvency, company law and commercial litigation, especially shareholder, director and financial disputes. He appears regularly in the Chancery Division and in the Mercantile/Commercial Court, appearing against both juniors and silks. His caseload currently includes heavy and high value claims (in one of which he is being led) involving: interest rate swap mis-selling claims against various banks; a dispute over the proceeds of various ATE policies as between liquidators and other interested parties involving trust, estoppel and contractual interpretation issues; a high value s.994 petition which is running concurrent with a dispute between two of the parties in the Family Division; a high value wrongful trading action coupled with breach of duty claims against the former directors of a high profile failed group; various claw back actions under the Insolvency Act 1986 coupled with claims for accessory liability involving tracing remedies; and a long running dispute for a public authority concerning ownership of property subject to disclaimer and vesting order claims. Louis’ work often involves the seeking of interim remedies at short notice. His practice can be grouped under the following heads.
Practice Areas
- Hunt v Conwy County Borough Council [2014] 1 WLR 254 (Sir William Blackburne; leading case on bankruptcy disclaimer)
- Appleyard v Wewelwala [2013] 1 WLR 752 (Briggs J; trustee’s remuneration and call for amendment to insolvency legislation)
- Linfoot v Adamson [2012] BPIR 1033 (applicable test on objection to treatment of proof by voluntary arrangement supervisor)
- Stericker v Horner [2012] BPIR 845 (proprietary estoppel, undue influence and scope of Court of Appeal’s decision in McGuinness v Norwich & Peterborough Building Society on statutory demand set aside)
- Re MTB Motors Ltd (in administration) [2012] BCC 601 (retrospective administration orders)
- Rehman v Chamberlain [2012] BCC 770 (Court’s approach to alleged part consideration and s.245 avoidance of floating charge)
- Re A Block Transfer Order by Kaye [2010] BPIR 602 (block transfer of large number of IVAs; expenses of creditors’ meeting and associated formalities; jurisdiction of court to interfere with approved arrangements where costs caps met)
- Re Power Builders (Surrey) Ltd, Power v Petrus Estates Ltd [2009] I BCLC250 (Lewison J; creditors’ meetings; liquidation; proof of debt; voting rights; proper approach to admission of proofs under r.4.70 and equivalent provisions)
- Revenue and Customs Commissioners v Cassells [2009] BPIR 284 (annulment; discretionary powers in annulling under s.282 and reviewing under s.375)
- Simpson v Bowker [2008] BCC 781; [2007] Costs LR 850 (Court of Appeal; creditor claims; company voluntary arrangements; costs; debtors; fees; funding arrangements)
- Stanley J Holmes & Sons Ltd v Davenham Trust plc [2007] BCC 485 (Court of Appeal; administration; proper basis for valuation of third party goods on application for sale by administrators under Schedule B1, para 71)
- Kingsley IT Consulting Ltd v McIntosh [2006] BCC 875 (Mr Terence Mowschensen QC; directors’ duties; secret profits; quantification of director’s liability to account to complainant company
- Smurthwaite v Simpson-Smith [2006] All ER (D) 368; [2006] BPIR 1469 (IVA; meaning of “reputed wife”; treatment of creditor by chairman; setting aside of arrangement; personal costs liability of office-holder, including various interim applications for specific disclosure and s.375 review before Warren J and the late Laddie J)
- Re Ultramotorhomes International Limited [2006] All ER (D) 227(Patten J;EC Regulation on Insolvency Proceedings; applicable law; proper construction of CVA; effect of German security; delivery up of arrangement assets)
- Akhtar v Rafiq [2006] I FLR 27 (Bodey J; appearing for the Crown (Queen’s Proctor); effect of fraud/defective service in Middle Easton court process)
- Oakley v Ultra Vehicle Design Ltd (In Liquidation) [2006] BCC 115; noted also at [2005] IL4P 55 (Lloyd LJ, sitting as a High Court judge; appropriate jurisdiction; conflict of law; EC Regulation; English court to deal with dispute subject to German law)
- Rio Properties Inc v AmerMouaffac Al-Midani [2003] BPIR 128 (bankruptcy;whether $2.8m gaming debt incurred in US capable of founding English bankruptcy petition)
- Commissioners of Customs & Excise v Allen [2003] BPIR 830 (first reported disputed block transfer order)
- Palgrave Brown v Stinnes Logistics AG [2002] All ER (D) 241 (Court of Appeal following five day trial in the Mercantile Court; interpretation of contractual agreement; liability of vendor to meet due diligence costs of prospective purchaser)
- Doyle v Saville [2002] BPIR 947 (successful appeal to High Court overturning findings of transactions-at-undervalue and preferences below)
- Re Salmet International Ltd (in administration) [2001] BCC 796 (Blackburne J; ranking of office-holder’s remuneration as expense in administration where shortfall)
- Industrial Diseases Compensation Ltd v Marrons [2001] BPIR 601 (charging orders; setting aside; scope of CPR r.40.9)
- Harris v Gross [2001] BPIR 586 (IVAs; standing of supervisor to petition for bankruptcy after expiration of fixed term arrangements)
- Re Julie O Sullivan [2001] BPIR 534 (jurisdiction of court to interfere with nominee’s fee as fixed by creditors; subsequent appeal to the Court of Appeal aborted)
- Fuller v Cyracuse [2001] 1 BCLC 187 (Mr Peter Leaver QC; striking out just and equitable winding-up petition in the face of complex offer to buy-out petitioner)
- Cork v Rawlins [2001] 3 WLR 300, CA (Court of Appeal; bankruptcy; vesting of contractual claim)
- Ord v Upton [2000] Ch 352 [2000] 2 WLR 755, CA (Court of Appeal; bankruptcy; nature of cause of action; vesting of personal injury claim)
- Lombard North Central plc v Brook [1999] BPIR 710 (CVA; liquidated damages/ penalty clause; treatment of creditor for voting purposes)
- National Westminster Bank plc v Caldeira [1999] CLY 3225 (bankruptcy;charging orders)
- Kelly v Pilgrim [1998] CLY 399 (automatic directions; joinder)