Jeremy Bamford

Jeremy is a specialist insolvency barrister. Insolvency work forms the majority of his practice and includes all aspects of company, LLP, partnership and individual insolvency. His experience ranges from applications to set aside statutory demands, bankruptcy petitions, administration applications, through clawback proceedings (misfeasance, TUV, preferences, s.423 IA 1986), unlawful dividends and distributions, CVA/IVA voting appeals/revocation/unfair prejudice applications to solvent members’ voluntary winding up, along with pretty much most things in between.

Recent cases include:

• Application for retrospective validation order under s.127 IA 1986 in respect of debenture and legal charge as security for short term loan: Macclesfield Town Football Club Ltd [2020] EWHC 3605 (Ch)
• Represented well known high-street retailer in obtaining order bringing forward the date listed for hearing of an advertised winding up petition under r. 12.1 IR 2016 and CPR r. 3.1(2)(b) and dismissing the petition, as part of and to facilitate a solvent re-structuring;
• Represented administrators and directors on an urgent application obtaining declaratory relief as to validity of appointment of administrators: Towcester Racecourse Co Limited [2018] EWHC 2902 (Ch);
• Representing with leading counsel the defendants in a 5-day trial of a £3.3M transaction at an undervalue and misfeasance / breach of fiduciary duty case. Claim dismissed: Hellard & Anor v Graiseley Investments & Ors [2018] EWHC 2664 (Ch);
• Representing with leading counsel the respondents in a 2-day appeal by the liquidators in the above case against the dismissal of their claim and indemnity costs order against the liquidators. Appeal dismissed: Hellard & Anor v Graiseley Investments & Ors [2019] EWHC 2994 (Ch)
• Advising on the categorization of disbursements and expenses under SIP 9;
• Various administration applications and extension of administration applications;
• Representing deceased’s personal representatives in s. 366 IA 1986 and account application by trustee of deceased debtor’s estate;
• Advising on a ss. 216 and 217 IA 1986 claim;
• Advising and representing creditor in respect of s.423 IA 1986 application;
  Representing supervisor of IVA on bankruptcy petition for debtor default under terms of the IVA;
• Representing trustee in bankruptcy in various applications including income payments order, delivery up of documents and responding to review application by bankrupt;
• Berkeley Applegate application by administrator of partnership;
• Administration application in respect of solicitor firm;
• Advising and representing liquidator in unlawful distribution of capital and breach of fiduciary duty claim;
• Advising and representing administrators on various applications in connection with administration, which ultimately resulted in realisations of £7M and full payment to creditors with interest and costs. Advising on and representing administrators in exit route from administration, via solvent members’ voluntary winding up and mechanism to allow the surplus from pooled asset realisations from 2 companies to be distributed on a compromise basis to shareholders;
• Representing HMRC on various hearings of an administration application in respect of Lotus F1 Team Ltd, prior to its acquisition by Renault Sport.

Jeremy has considerable company law experience dealing with director’s duties, shareholder disputes, unfair prejudice petitions and just and equitable winding up petitions. His reported company cases include Wilton-Davies v Kirk [1998] 1 BCLC 274, in which he obtained an interim order for the appointment of a receiver in an unfair prejudice petition and Dyment v Boyden and Bishop [2005] 1 WLR 792, one of the few unlawful financial assistance cases under s.151 CA 1985 to reach the Court of Appeal, where he acted at first instance and in the appeal for the successful defendants.

Recent cases include:

• Advising and representing a petitioner in an unfair prejudice petition listed for a 9-day trial in 2019. Case successfully settled with share purchase order just before trial;
• Representing and advising majority shareholders defending unfair prejudice petition;
• Advising majority shareholders in respect of a threatened unfair prejudice petition;
• Successfully resisting a strike out of an unfair prejudice petition on the grounds of abuse of process in not accepting an allegedly fair offer to purchase shares;
• Successfully obtaining declarations and orders in a rectification claim to set aside the forfeiture of shares, set aside allotments of shares made in breach of ss. 561 and 562 CA 2006 and restore the claimant’s shareholding to the register of members;
• Represented along with leading counsel respondents to an unfair prejudice petition and just and equitable winding up petition, which was successfully settled at a mediation;
• Represented a petitioner in an unfair prejudice petition in respect of a cider brewing company and successfully obtained a share purchase order immediately before trial;
• Advising and representing banks in applications for late registration of company charges.

Jeremy has considerable specialist experience of disqualification cases under the CDDA 1986, for many years he acted for the Secretary of State / Official Receiver under his appointment to the Attorney General’s CDDA provincial panel, advising on and presenting disqualification cases at trial.

In addition, he has substantial experience defending directors in disqualification proceedings, during the pre-issue investigation period, assisting with and drafting representations to avoid the issue of proceedings or narrow and clarify allegations, evidence in defence, defending directors at trial, disqualification undertakings and s.17 CDDA permission applications for leave to act as a director.
He represented directors in the high-profile World of Leather, Time Computers, Finelist, Farepak and UKLI disqualification cases.
He is a contributing editor to the specialist textbook Mithani: Directors’ Disqualification (LexisNexis).

Recent cases include:

• Representing SoS during 2021 and 2022 in a claim against 3 defendants including allegations of acting as de facto or shadow director, acting in breach of previous disqualification undertaking and breaches of directors’ duties. Two defendants gave disqualification undertakings for 9 years and the third for 7 years shortly before trial;
• Representing with leading counsel 2 directors in a 6-day disqualification trial in London, a subsequent hearing to determine the period (lower bracket, rather than middle bracket as sought by SofS) and successfully obtained permission to act in respect of a group of companies: NRG2 Ltd [2018] EWHC 2160 (Ch);
• Successfully represented the SofS in a 2-day disqualification trial in Bristol: Re CQH1 Ltd and RTD1 Ltd [2018] EWHC 1331 (Ch);
• Successfully represented the SofS in a ½ day disqualification trial in Bristol;
• Acted for a director pre-issue during investigation stage. Case dropped;
• Advised and represented a director in defending disqualification claim. Case dropped after evidence in defence and before trial;
• Successfully represented the SofS in a 3-day disqualification trial in Southampton;
• Advising SofS on disqualification claim in respect of 2 high profile individuals;
• Advising and representing director in respect of disqualification undertaking and s.17 permission application. Successfully obtaining leave, notwithstanding application actively opposed by SofS.

Jeremy has particular experience dealing with Disciplinary and Regulatory matters involving IPs. He has advised and represented a number of the recognised professional bodies and insolvency practitioners in respect of disciplinary complaints and decisions to withdraw insolvency practitioners’ licences.
He successfully represented the Investigation Committee of the ICAEW before the disciplinary committee (i) in a disciplinary complaint against 2 IPs concerning their appointment as provisional liquidators of boo.com, where there was a prior material professional relationship and (ii) in a disciplinary complaint against an IP concerning an invalid appointment as LPA receiver and duress and also acted before the Appeal Tribunal of the ICAEW in respect of that complaint.
He successfully defended a solicitor/IP facing an investigation of a professional complaint by the Law Society and successfully represented an IP in an appeal to the Insolvency Service over their decision to withdraw his insolvency licence.

Recent cases include:

• Representing an RPB in a 2-day disciplinary committee hearing against an IP;
• Advising an IP in respect of a decision by an RPB to withdraw his licence, following an adverse monitoring visit report and referral to the RPB licensing and admissions committee;
• Advising and representations on behalf of an IP in respect of an investigation and draft allegations produced by an RPB in respect of a complaint made by replacement office holders;
• Advising an IP in respect of 2 complaints, successfully opposing a joinder application and representing the IP in a 4-day hearing before disciplinary committee, which dismissed the allegation of dishonesty made against the IP;
• Representing the investigation committee of an RPB in a 5-day disciplinary committee hearing;
• Advising and representing an IP in respect of an urgent interim application to withdraw his licence (application withdrawn after representations made) and subsequently successfully represented the IP at a 3-day hearing before the licensing committee, which continued the IP’s licence, subject to conditions proposed and agreed by the IP.

Jeremy has experience of a wide range of commercial litigation, including in particular bank recovery proceedings (enforcement of charges, mortgages, guarantees, LPA receivership), civil fraud (including dishonest assistance and knowing receipt), ROT, breach of warranty and general contractual disputes.

Recent cases include:

• Representing HMRC in obtaining freezing orders against defaulting umbrella companies involved in labour supply frauds;
• Advising administrators on rights of indemnity, contribution and subrogation in connection with inter-company guarantees given by a group of companies;
• Representing defendant in successful application in Commercial Court to set aside default judgment for £5.4M in respect of fraud alleged to have been committed by client: Apollo Ventures Co. Ltd v Manchanda and others [2018] EWHC 58 (Comm);
• Representing bank in 2-day CMC in Commercial Court concerning confiscation proceedings against convicted fraudster and web of offshore companies. Successfully obtaining order hiving off bank’s claim to monies held in escrow account to be dealt with in separate action;
• Advising and representing bank in subsequent Chancery Division proceedings and obtaining declaratory relief as to guarantee liability and release of £3m escrow monies to bank;
• Representing HMRC in obtaining freezing order in support of MTIC fraud claim;
• Advising and representing bank in respect of wife’s undue influence, misrepresentation and non est factum claims;
• Representing bank in 4-day hearing of property hi-jacking case before First Tier Tribunal and obtaining dismissal of rectification claim: Bakrania v (1) Lloyds Bank (2) Souris [2017] UKFTT 364 (PC);
• Advising and representing bank defending claim by wife to set aside mortgage for alleged undue influence / misrepresentations by husband.