Susannah Markandya


Year of Call 2005



General Profile


Susannah's practice covers a wide range of general commercial and traditional chancery work including, in particular, insolvency, commercial contracts, banking and security transactions and property disputes.

 

Susannah appears regularly in the High Court and county courts, representing clients in interim and final applications as well as at trial and on appeal. In addition, Susannah is experienced at giving advice in relation to a range of contentious and non-contentious matters.

 

Insolvency

Susannah acts for, and against, liquidators, trustees in bankruptcy and other office holders in connection with a variety of disputes arising in the context of insolvency including challenges to an office holder’s appointment and their fees; claims against directors for misfeasance and breach of duty; preferences and transactions at an undervalue; unlawful dividends; and disputed debts (including injunctions to restrain presentation / advertisement of a winding up petition and applications to set aside statutory demands).

 

Commercial Chancery

Susannah has extensive experience in commercial and banking law with a
particular emphasis on claims concerning guarantees and mortgages. She also
regularly acts for banks and finance companies in the context of commercial
hire purchase and other credit agreements.

 

Property

Susannah has a fast developing practice in this area and has advised or
acted in cases involving easements, mortgages, proprietary estoppel and
constructive trusts. Susannah also acts on landlord and tenant matters
(commercial and residential).

 

Notable Cases

 

Harlow v Creative Staging Limited [2014] EWHC 2787 (Ch)

Upon termination of an administration initiated by an appointment made under para 14 Schedule B1 IA 1986, there was jurisdiction, at the request of the administrator, to make a winding up order on a petition suspended under para 40.

 

Cahillane v National Asset Loan Management Limited [2014] EWHC 1992 (Ch); [2014] BPIR 1093 On an application to set aside a statutory demand under r 6.5(4)(c) on the basis that the creditor is fully secured, the court must consider the present value of the security, not its potential future value.

 

National Asset Loan Management Limited v Cahillane [2015] EWHC 62 (Ch) The jurisdiction conferred under section 375(1) of IA 1986 can be used to review, vary or rescind an order made by an appellate court.

 

Banfield v Harrow LBC [2010] EWHC 2707 (Ch); (2010) 107(40) LSG 23

 

Nottingham City Council v Pennant [2009] EWHC 2437; [2010] BPIR 430; [2009] RVR 348 A petitioning creditor has a prima facie right to obtain a bankruptcy order on a duty presented petition where the liability of the debtor for the petition debt is clearly established. A three month adjournment of the petition for the purpose of policing an initial period of a proposed repayment schedule was misconceived.

 

 

Directory Comments

 

 

"She cuts through things very quickly, even in quite technical areas. She does it all in a calm, controlled manner, but with steel underneath."
(Chambers & Partners 2016)

 

 

“Very intelligent and calm under pressure, and has an excellent manner with judges”
(Legal 500 2015)

 

“Has a broad practice covering commercial, chancery and insolvency issues. She is known for her excellent client service and persuasive advocacy”

(Chambers and Partners 2015)

 

"She is incredibly well organised and thorough."

(Chambers and Partners 2015)

 

"She is very approachable, quick on her feet, and knows insolvency like the back of her hand."

(Chambers and Partners 2015)

 

Publications


Contributor to Estates Gazette “Questions & Answers”
Contributor to The Landlord and Tenant Factbook

 

Areas of Emphasis


Insolvency
Commercial
General Chancery
Real Property
Landlord & Tenant


Career & Associations


MA (Hons) History and Politics (First Class), University of Edinburgh
LLB, City University
Called to the Bar in 2005
Member of the Chancery Bar Association
Member of the Property Bar Association

 

 

Privacy notice


Susannah collects, uses and is responsible for your personal information collected during the course of providing legal services as a barrister. She is the data controller in respect of this information for the purposes of the Data Protection Act 2018 and the General Data Protection Regulation.


The members of Enterprise Chambers have a privacy policy which sets out what information they obtain about you, why and how they use it.  This policy also sets out your rights.  Members also have a data retention policy which sets out how long they keep information for and why.


You can download copies of these policies here: (1) privacy policy (2) data retention policy .  Hard copies are available on request by contacting any branch of Enterprise Chambers.