Thomas is a senior associate in the insolvency and restructuring team.
He acts for creditors, insolvency practitioners, company directors and those facing bankruptcy.
Most of Tom’s time is spent acting for insolvency practitioners, helping to resolve issues that that arise in company liquidations, administrations and personal bankruptcy.
That experience means Tom is well placed to defend claims brought by liquidators and trustees in bankruptcy and he often acts for directors and individuals in bankruptcy (and their families) to defend claims and resolve disputes.
Tom also gets involved before the situation comes to a head; helping company directors understand the risks that come with insolvency and looking at options to wind up or rescue companies by restructuring debts.
Tom also helps landlords, suppliers and creditors to recover debts and trace assets, usually by starting winding up or bankruptcy proceedings.
For insolvency practitioners:
- Investigating and pursuing misfeasance and antecedent transaction claims
- Compelling provision of information and documents using statutory powers
- Advising on restricted funds, Quistclose trusts and obtaining Berkeley Applegate orders
- Acting for the administrators of a classic car auctioneers, addressing competing claims to ownership of vehicles held, proprietary money claims and dealing with injunctions, third party disclosure obligations and various other issues arising
- Acting for the administrators of a cosmetic surgery business in a pre-pack sale and ancillary issues including applications to lift the moratorium to pursue clinical negligence claims against insurers
- Obtaining a proprietary freezing injunction to preserve company assets in the hands of directors
- Acting for the administrators of a property development company in resolving construction disputes, securing future funding and implementing future development work, before returning control to the directors
- Extending the period of administrations by application to Court
For companies, directors and shareholders:
- Defending claims brought by Liquidators in relation to:
- overdrawn loan accounts
- misfeasance and breach of duty (known as section 212 claims)
- transactions at an undervalue (section 238 claims)
- preference claims (section 239 claims)
- fraudulent trading (section 213 claims) and wrongful trading (section 214 claims)
- Advising on directors disqualification proceedings
- Advising boards of various businesses and charities on insolvency processes, restructuring options and personal risks and liabilities.
- Opposing winding up petitions, seeking injunctions to restrain the presentation of a winding up petition and negotiating settlement of disputed debts.
- Opposing bankruptcy petitions, setting aside statutory demands and resolving disputes about debts
- Assisting bankrupts with annulment applications, Individual Voluntary Arrangements (IVAs) and dealing with enquiries and claims by trustees in bankruptcy
- Resolving disputes about ownership of property, trusts and claims regarding transactions at an undervalue, preferences and transactions defrauding creditors
- Serving statutory demands for payment, winding up companies and petitioning for individuals’ bankruptcy
- Assisting creditors through the insolvency process and advising on issues as they arise
- Seeking recovery of monies held on trust and goods subject to retention of title, held by companies in insolvency
- Advising landlords in relation to:
- the impact of (and options available when) a Company Voluntary Arrangement (CVA) or Restructuring Plan is proposed by a tenant
- A tenant defaults on payments and appears to be insolvent
- A tenant enters into administration and a new company takes up occupation of premises
- Degree in Law from UWE Bristol and completed his legal studies at City Law School, London.
- Trained and qualified with a regional firm on the South Coast.