Biography
David is a Partner in the Restructuring and Insolvency team with a wealth of transactional and contentious insolvency experience. He advises insolvency practitioners, lenders and other stakeholders, distressed businesses and individuals on a wide range of issues. He is recognised for his commerciality and pragmatism.
David advises on Administration and Liquidation sales, finance and security issues, contract and supply chain issues. He has particular expertise in the retail, hospitality, construction and agricultural sectors.
David advises on antecedent claims, fraud investigation, asset tracing both nationally and internationally and on the enforcement of personal and parent company guarantees. He also advises in relation to Deceased Insolvent Estates.
Relevant experience
- Private client: Acting for a lender enforcing a personal guarantee given by one of the directors of a high profile tech start up and successfully defending an application to set aside a Statutory Demand made to the ICCJ and then on appeal Wagner v White [2018] EWHC 2882
- Office holder: Making a hostile application for an Administration Order and then advising the Administrators whilst a multi-million pound businesses was traded for 9 months before being sold as a going concern. Substantial return to creditors who would otherwise have received nothing at all.
- Commercial client: Advising the majority of the Board of a clothing manufacturer. The business had been struggling financially for some time and the Board was deadlocked, each faction accusing the other of serious misconduct. Worked closely with a Big 4 Accountancy practice and, after intense negotiations with investors and key suppliers, delivered the solvent restructuring of the business.
- Trustee in Bankruptcy: Obtaining a Freezing Order against a Bankrupt and family members after unravelling a complex series of property transactions. The case clarified the law of exoneration Lemon v Chawda 2014 BPIR 49.
- Office holder: Applying for the appointment of Provisional Liquidators to a debt management company and then pursuing claims for Fraudulent and Wrongful Trading following the misappropriation of client money.
- Trustee in Bankruptcy: Acting for a Trustee in Bankruptcy and successfully challenging a matrimonial order in relation to the £1m family home made by consent 3 days prior to bankruptcy.
- Trustee in Bankruptcy: Obtaining worldwide freezing and passport confiscation orders and then recovering assets in South Africa, Bulgaria and Cyprus on behalf of a Trustee in Bankruptcy.
