Louise Bowmaker

Louise advises and acts for office holders, creditors and debtors in insolvency matters, both personal and corporate. Her practice covers all stages of corporate insolvency and bankruptcy including injunctions to restrain advertisement or presentation of petitions, disputed debts and rescission, as well as applications relating to antecedent transactions, misfeasance and claims for the recovery of assets.

Recent highlights include:

• Acting as second junior in a multi-million pound dispute involving in excess of 40 parties, concerning competing equitable claims to high value properties, including a pivotal application for private examination and provision of information (Chesterton v Emson [2017] EWHC 3226 (Ch); [2017] 12 WLUK 351; [2018] BPIR 621)
• Successfully appealing an indefinite suspension of a trust in bankruptcy’s possession and sale order (Grant v Baker [2016] EWHC 1782 (Ch); [2016] Fam Law 1215)
• Battling over the course of several hearings as to the identity of administrators to be appointed
• Acting for a liquidator throughout misfeasance proceedings brought against former directors culminating in a successful two-day trial and eventual recovery of assets following applications for possession and sale
• Securing an order for the recovery of a trustee’s remuneration where a bankruptcy order had been appealed.

Louise’s practice covers all aspects of commercial litigation including construction of contracts, sale of goods, partnership and guarantees. She regularly conducts trials arising out of contractual disputes and is experienced in consumer credit matters. During her time in Dubai Louise acquired extensive experience of high value, complex construction disputes.

Recent cases include:

• Successfully representing the claimant bank at a three-day trial seeking possession of property based on a guarantee, involving defences of misrepresentation and undue influence
• Litigation in the DIFC Courts (Dubai International Financial Centre) concerning a contract for services for the establishment, opening and ongoing management of a board games themed café in Dubai
• Acting for the claimant seeking enforcement orders, repayment of a loan and possession of properties securing the loan in a case concerning a regulated consumer credit agreement
• Acting for developers in a multi-million pound arbitration concerning a high profile infrastructure construction project in the Middle East.

Louise is regularly instructed in company law matters of all kinds including cases concerning breach of fiduciary duty, shareholder disputes, construction of articles, breach of directors’ duties and unlawful distributions.

• In the context of a liquidation, advising the liquidators and proceeding to trial on the basis of the directors’ various costly breaches of duty and unlawful distributions
• Acting for the Respondent in a dispute between directors as to the appointment of administrators. The dispute centred on whether the company’s articles of association had been adhered to in the appointment
• Settling the terms and advising as to a shareholders’ agreement concerning a joint venture to provide turnaround and restructuring services abroad
• Advising a director-shareholder as to a potential section 994 petition or just and equitable winding up of the solvent company in circumstances where the relationship between the shareholders had broken down irretrievably.

Real property and landlord and tenant matters form a substantial part of Louise’s practice, including boundary disputes, all types of possession claims, disputes as to the enforceability of charges, easements, restrictive covenants, service charge disputes, renewal of business tenancies and disrepair claims. She also regularly deals with property matters within the insolvency context, particularly beneficial ownership disputes.

Recent cases include:

• Advising and acting for the claimants seeking a disputed business tenancy renewal of a garment showroom in Whitechapel
• In an insolvency context, representing at trial a trustee in bankruptcy seeking sale and possession of property in circumstances where third parties alleged a “deed in a drawer” beneficial interest in the property
• Acting for the claimant in a boundary dispute between semi-detached houses seeking a including an injunction requiring the defendant to demolish a structure and damages for trespass and nuisance
• Representing a landlord seeking to recover service charge arrears in a mixed commercial residential development, including opposing an application brought by tenants to seek pre-action disclosure.

Beneficial ownership disputes and TOLATA claims form a substantial part of Louise’s practice, often arising in the insolvency context. Louise’s practice in this area also encompasses construction and rectification of wills and cases involving constructive and resulting trusts, proprietary estoppel and undue influence.