David Fendt is a senior associate in the insolvency team.
David regularly acts for office-holders in both personal and corporate insolvencies in relation to all aspects of their appointment, including advising on claims against directors and other third parties under the Insolvency Act 1986 as well as claims for overdrawn loan accounts, contractual claims, and breach of statutory and fiduciary duties.
He also advises on asset recovery actions, and conducts interviews with directors, debtors and third parties.
David advises directors on their duties, as well as when claims are brought against them by office-holders, and on disqualification applications by the Secretary of State.
He also advises debtors and creditors in order to ensure their rights are protected throughout the insolvency process.
David qualified as a solicitor in 2012 and joined Russell-Cooke in 2021.
- Acting for liquidators in actions against directors, including claims for misfeasance and wrongful trading
- Acting for various trustees in bankruptcy in cases involving the disputed ownership of assets
- Advising a finance business against whom liquidators of a company had intimated a claim under the “Quincecare duty”
- Acting for a trustee in bankruptcy in a claim concerning a property transferred by the bankrupt during the post-petition period, and in the same proceedings defending a challenge to the office-holder’s remuneration
- Advising a liquidator on a Court application to remedy a defective appointment
- Acting for office-holders in relation to companies which were fraudulent vehicles / ponzi schemes and pursuing recoveries from directors and third parties
- Acting for a company’s directors in a court application seeking relief under the phoenix company provisions in s.216 Insolvency Act 1986
- Advising a director in disqualification proceedings brought by the Secretary of State, and in the same matter applying for permission for them to continue acting as a director of various other companies
- Acting for the directors of a high-street restaurant business wishing to pursue a CVA
- Associate member of R3 (The Association of Business Recovery Professionals)
- Member of the R3 Annual Conference Organising Committee for the 2021 and 2022 Conferences
- Former member of R3’s New Professionals’ Committee for the London & South East Region
- Member of the London Solicitors Litigation Association (LSLA)
- Read Law at Sussex University
- Completed legal studies at Kaplan Law School
- Trained at a niche West End firm