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TESTIMONIALS
As a Mediator
As a Litigator
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INSOLVENCY

Stuart has mediated disputes involving the following issues:

Claims alleging sham trusts.

Claims against insolvency practitioners for dishonesty.

Directors’ personal guarantees of insolvent
companies’ borrowings.

Partnership insolvency.

Claims by Liquidators, Administrators, Administrative Receivers.

Claims by LPA Receivers.

Claims against directors for breach of duty/delinquency/misfeasance.

Claims in respect of transactions at an undervalue.

Claims in respect of preferences.

Claims in respect of transactions defrauding creditors.

Priority claims between creditors.

Level of office-holders’ remuneration and expenses.

Questions of ratification and shareholder approval.

Insolvencies in the construction, property development, building products and public houses sectors.

Equitable charges and mortgages.

Formalities and registration of charges and debentures.

Personal bankruptcy.

Claims for false accounting.

Claims for repayment of unlawful dividends.

Disputes involving asset realisation, including shareholdings and disputes with other shareholders.

Recent examples include:

Claim for possession and balance of loan defended on grounds of non-compliance with CCA.

Claim against former directors and shareholder in relation to allegedly unlawful distributions following failed tax avoidance scheme and failure to consider potential liabilities to HMRC in assessing solvency.

Substantial claim under trade credit insurance following collapse of main contractor debtor of insured M&E sub-contractor, involving issues of account certification by administrator and alleged set-offs and counterclaims against primary account and their effect on the insured loss.

Claim by liquidator against former directors for unlawful dividend in specie on demerger of profitable division of group.

Claim by mortgagor against mortgagee and LPA Receiver for breach of duty to obtain a reasonable price following alleged failure to approach interested parties.

Claims by Liquidator of care home company against former directors and related company for misfeasance in investing company funds in African mining interests, extraction of funds and repayment of loan account.

Dispute as to the value of a 50% shareholding held by the shareholder’s liquidator, including issues of management rights, derivative claims, just and equitable winding-up and unfair prejudice.

Stuart has experience of litigating and advising on a number
of insolvency-related disputes, including the following:

The forfeiture of shares held as security.

Forfeiture proceedings against petrol distributor in respect
of petrol filling stations.

Statutory demands.

The duties of Administrators.

Defending and pursuing claims by office-holders.

   
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  Please feel free to contact Stuart directly, or to speak to the team at Independent Mediators  
     

STUART CHAPMAN

Mobile
07831 624579

Email
sjc@stuartchapman.com

 

INDEPENDENT MEDIATORS

Telephone
020 7127 9223

Email
imoffice@independentmediators.co.uk

Website
www.independentmediators.co.uk


 
     
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