The Voice of Business Recovery
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INSOLVENCY LITIGATION MAXIMISING RECOVERIES
One day course
CPD accreditation: 5 hours
9.30 – 16.30 Registration starts at 9.00
LONDON
LEEDS
18 OCTOBER 2016 I Copthorne Tara Kensington
29 NOVEMBER 2016 I The Queens
Richard Baines
Druces LLP
“There is no-one in our current insolvency litigation market that is better
placed to inform our audience than our special guest speakers this year –
Mr Justice Snowden in London and Mr Mark Cawson QC in Leeds.
We are delighted that both Mr Justice Snowden and Mr Cawson QC
have agreed to be our first speakers of each day.”
SPEAKERS
COURSE
DIRECTORS
COURSE OVERVIEW
David Leibowitz
Berwin Leighton Paisner LLP
There have been significant developments this year in the law and practice
of insolvency litigation. Topics covered at this conference will include
developments regarding use of freezing orders, disclosure orders, piercing the
corporate veil, assignment of claims, transaction avoidance, “express” trials,
claims on insurance policies and cross-border considerations in light of “Brexit”.
The course will provide practitioners with an update on those parts of the
above that are essential for insolvency litigators. Our experienced panel of
speakers will make the day as practical as possible, always with a view to
helping practitioners maximise recoveries cost effectively.
Who is this course aimed at?
This course is aimed at insolvency practitioners, bankers and lawyers with
some experience in litigation.
Comments from last year’s course
“Notes provided by speakers from the legal profession are excellent and useful
to take away”
“Practical content, good balance of technical and practical content”
“A good course! Brought back all the relevant matters and updated them well”
> Alexandra Wood acts for lenders, IPs, creditors, directors
and other stakeholders on a wide range of restructuring
and insolvency matters. She has a particular interest in
cross-border issues and insurance insolvency matters.
> Amy Patterson is a senior associate in Taylor Wessing’s
restructuring and corporate recovery group specialising in
both contentious and non-contentious insolvency matters
as well as corporate restructurings.
> Chris Laughton leads Mercer and Hole’s international
restructuring practice and has particular knowledge and
experience of European insolvency regimes, including the
European insolvency regulation. He acts for management,
creditors and other stakeholders, adding value to financially
troubled businesses of all sizes.
> David Leibowitz is an insolvency litigation specialist.
He acts regularly for banks, IPs, creditors, directors,
shareholders, the Insolvency Service and foreign lawyers
on both domestic and cross-border insolvencies.
> David Mohyuddin QC conducts commercial litigation
with an emphasis on insolvency, insolvency-related litigation,
company and commercial fraud matters since he started
in practice. David’s practice covers all types of insolvency
work and commercial litigation including commercial fraud,
professional negligence and sports law.
> David Standish is a partner and leads the contentious
insolvency group in KPMG. David has extensive knowledge
and experience of both UK and international insolvency and
enforcement. He regularly acts in corporate and personal
insolvency matters and also has extensive experience of
complex, global court appointed receiverships.
> Devi Shah is head of Mayer Brown’s restructuring,
bankruptcy and insolvency group in London. She focuses
on all aspects of restructuring and insolvency and has
a particular interest in international and cross-border
insolvency and restructuring matters.
> Gawain Moore is a partner in Walker Morris’ banking,
restructuring and insolvency team. He has wide experience
in a range of sectors and advises lenders, insolvency
practitioners, directors and other stakeholders in all aspects
of restructuring and insolvency.
> Hugo Groves has many years experience of dealing with
insolvency related matters including those with an American
and cross border element. He also deals with a broad range
of company, partnership and commercial matters. Hugo
previously worked as a solicitor in a City firm which has
given him an insight into the demands and expectations
of business clients.
> Ian Richardson is a director of Grant Thornton’s
recovery and reorganisation practice, specialising in fraud
and investigations. He has gained experience providing
professional recovery services to clients in the UK, Australia
and New Zealand, including a successful turnaround
assignment and leading an outsourced bank recovery team.
> Julian Cahn is an insolvency and dispute resolution
specialist. With regard to both corporate and personal
insolvency, he advises insolvency practitioners, creditors,
debtors, directors and other stakeholders. Julian also has
extensive dispute resolution experience across a broad
range of industries and sectors.
> Laura Crawford has over 25 years’ experience in
restructuring and insolvency and heads up the Squire
Patton Boggs contentious insolvency practice in the UK.
Her practice includes a wide range of insolvency litigation
including challenging antecedent transactions, fraud and
cross-border recoveries. She has a number of reported
decisions to her name.
> Nick Lees specialises in commercial litigation and advises
on a broad range of commercial matters. His experience
includes disputes concerning trading relationships,
transactions, employees, banking and finance, professional
negligence and fraud.
> Mark Cawson QC specialises in advisory work,
interlocutory work, often urgent, and trials, often lengthy.
His work takes him on a regular basis to the Court of
Appeal, the Chancery Division of the High Court, and
the Commercial and Mercantile Courts. Mark sits as a
deputy high court judge and a recorder, and he is an
accredited mediator.
> Rowena Page is a barrister at Enterprise Chambers. She
regularly acts for office holders and other stakeholders in
both corporate and personal insolvency proceedings.
> Mr Justice Snowden was called to the Bar in 1986
and was appointed junior counsel to the crown (A panel)
in 1999. He served as a member of the insolvency rules
committee between 2002 and 2012. He took silk in 2003,
was appointed a recorder of the crown court in 2006 and
was authorised to sit as a deputy high court judge in 2008.
He was appointed as a high court judge in April 2015.
> Tim Penny QC specialises in commercial fraud,
shareholders and partnership disputes and financial
services related claims.
> William Ballmann has 30 years’ experience of business
restructurings, re-financings, rescues and turnaround.
He specialises in advising the management of public and
private companies where there is some form of financial or
organisational under-performance or difficulty.
COURSE PROGRAMME
9.00
9.30
Registration and coffee
Chairman’s introduction
Insolvency litigation from an IP’s perspective – stories from the
front line
David Leibowitz, Berwin Leighton Paisner LLP (London)
Laura Crawford, Squire Patton Boggs (UK) LLP (Leeds)
Insolvency litigation – a judicial perspective
9.35
12.55 Lunch
We are pleased to have Mr Justice Snowden in London and Mark Cawson
QC in Leeds, provide a topical session on insolvency litigation from a
judicial perspective.
14.00
Mr Justice Snowden (London)
Mark Cawson QC (Leeds)
Legal update – all the most important legal developments of
the year
Getting at assets held in trust
10.20
A practical discussion of the tools available to office-holders and the challenges
that they must overcome, in seeking to appropriate assets into the insolvent estate.
> Potential use of freezing orders
> Potential use of ancillary disclosure orders
> The circumstances in which the court might be prepared to pierce the
corporate veil
> Important recent case law
Julian Cahn, Stephenson Harwood LLP (London)
Tim Penny QC, Wilberforce Chambers (London)
Nick Lees, Walker Morris LLP (Leeds)
Gawain Moore, Walker Morris LLP (Leeds)
Important new legislation – Third Parties (Rights against
Insurers) Act 2010
11.05
This session will discuss:
> Why do we need this type of legislation?
> What were the problems with the 1930 Act?
> How does the new Act address those problems?
> Examples as to how office holders can use, and will encounter, the Act
Devi Shah, Mayer Brown International LLP (London)
Alexandra Wood, Mayer Brown International LLP (Leeds)
This session will provide:
> Useful hints and tips for IPs
> Practical approach to maximising recoveries
> Efficient project and cost management
David Standish, KPMG (London)
Ian Richardson, Grant Thornton (UK) LLP (Leeds)
14.45
This session will discuss the following in the context of both corporate insolvency
and bankruptcy:
> Key legislative changes
> Key case law developments
> Key procedural changes
Rowena Page, Enterprise Chambers (London)
William Ballmann, Gateley Plc (Leeds)
15.25 Coffee break
All the latest cross-border developments that insolvency
litigators need to know about including Brexit consequences
15.40
This session will look at:
> Key cross-border developments over the last year
> Immediate consequences of Brexit
> Anticipated short/medium term consequences of Brexit
> What does it all mean for IPs conducting cross-border cases?
Chris Laughton, Mercer & Hole (London)
David Mohyuddin QC, Exchange Chambers (Leeds)
16.20 Chairman’s close
11.50 Coffee break
Swelling the assets of the insolvent estate – attacking
antecedent transactions and other actions
12.10
This session will discuss the latest developments regarding:
> Section127 IA
> Sections 238, 239, 423 and 245 IA
> Unlawful dividends
> Wrongful trading
Amy Patterson, Taylor Wessing LLP (London)
Hugo Groves, Enterprise Chambers (Leeds)
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The Voice of Business Recovery
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Key sponsorship partners
Not already an R3 member?
R3 is the leading trade body of Business Recovery Professionals operating
as the most authoritative body for the Insolvency Profession.
How do I join?
CPD Accreditation
The course constitutes structured CPD to meet the requirements
of the Association of Certified Chartered Accountants (ACCA), the
Institute of Chartered Accountants in England and Wales (ICAEW), the
Insolvency Practitioners Association (IPA), the Institute for Turnaround (IFT),
Solicitors Regulation Authority (SRA) and the Bar Standards Board.
Bar Standards Board CPD provider ID number: 1087 – 5 hours
To take advantage of its member benefits, join today and receive discounts
on R3 courses, including this one. Visit www.r3.org.uk today.
Association of Business Recovery Professionals
8th floor, 120 Aldersgate Street
London EC1A 4JQ
Tel: 020 7566 4234
Fax: 020 7566 4225
Email: [email protected]
www.r3.org.uk