Matthew Moriarty

Matthew has experience with all aspects of corporate and personal insolvency. He is regularly instructed in both corporate and personal insolvency matters.

Matthew regularly acts as sole counsel in misfeasance, TUV and preference claims, and has a number of ongoing matters in which he has remained involved over long periods of time, from initial drafting through to final hearing. Matthew has acted in a number of final hearings for applications of this type, including obtaining a morning of trial settlement in relation to a misfeasance claim, various hearings for TUV and preference claims, and recently obtaining an order that a misfeasant director repay over £350,000 to the Company.

Matthew also advises and acts on behalf of administrators and liquidators in routine matters such as seeking extensions of administrations, office-holders’ remuneration or directions, and discharge from liability. He has a particular interest and experience in extensions of administrations that are longstanding, complex, or involve a number of inter-connected companies.

Matthew frequently attends on winding up petitions in Court centres across England on behalf of creditors and debtors, both in the regular list as well as on bespoke hearings, and has successfully obtained winding up orders on disputed petitions, having argued that those disputes are not genuine and substantial. He has experience acting for both petitioners and debtors, including obtaining validation orders pursuant to section 127 Insolvency Act.

Alongside his corporate insolvency practice, Matthew has a strong background in personal insolvency matters, including securing bankruptcy orders, and on behalf of trustees in bankruptcy and supervisors of IVAs in insolvency applications including income payments orders, orders for sale, and various other applications pursuant to the Insolvency Act.

Recent cases include:

• Acting on a longstanding income payments order case, where Matthew obtained an income payments order for the trustees in the full amount sought and for the maximum period of 3 years. Matthew then later successfully resisted an application by the bankrupt to vary that order, including successfully resisting the argument that income now diverted through a limited company was no longer income the bankrupt was entitled to.
• Successfully resisting an application for an injunction requiring trustees in bankruptcy to take various actions in their administration of the bankrupt’s estate.
• Successfully obtaining orders to recover void payments pursuant to section 127 Insolvency Act, in proceedings against 14 different Respondents.
• Obtaining bankruptcy orders in a multi-million pound bankruptcy, including argument on procedural issues relating to service and non-compliance with directions.
• Obtaining permission to amend a winding up petition to pursue a contingent debt, successfully arguing that the petitioner was entitled to wind up the Company based on an unliquidated sum of damages.

Matthew acts in a wide range of commercial disputes including issues of contractual construction and interpretation and is experienced in securing interim remedies such as default or summary judgment. His experience extends to trials in commercial disputes across various scales, including small claims, fast track and multi-track cases.

Matthew’s expertise also encompasses drafting proceedings, defences and applications in commercial matters.

Recent cases include:

• Securing strike out of a claim brought against the production company of a well-known international music artist, on the grounds that it was an abuse of process.
• Successfully opposing an application for summary judgment in a complex High Court claim involving a claim for a breach of a share purchase agreement and a counterclaim for breach of directors’ duties.
• Advising on, and drafting pleadings for, a contract claim with jurisdictional and conflict of laws issues.
• Successfully resisting 24 applications for liability orders to be set-aside, including obtaining an order that costs be paid in full following summary assessment

Matthew accepts instructions in all areas of company law and is able to assist in relation to shareholders disputes, and claims against directors. He has experience advising and drafting documents in company law matters, including applications to correct the register at Companies House, applications pursuant to section 175 Companies Act, and acting in unfair prejudice petitions under section 994 Companies Act.

Matthew is also regularly instructed on disputes arising out of shareholders’ agreements, share purchase agreements, and directors’ duties claims, and is instructed on an ongoing basis on a number of such cases.

At University, Matthew came second in the year in the undergraduate Company Law module, obtaining first class marks.

Recent cases include:

• Successfully resisting an interim injunction application in a complex shareholders’ dispute.
• Drafting documents for an application to correct the register, following failure to register a charge.
• Advising on and drafting a claim for breach of a shareholders’ agreement involving restrictive covenants.
• Advising on implied terms and breach of a share purchase agreement involving the existence of and breach of implied terms.

Matthew has experience in both residential and commercial property matters, He is frequently instructed on possession claims under Part 55 procedure, demonstrating a strong track record in securing possession orders for both commercial premises and residential properties. Additionally, he is well-versed in obtaining orders for sale, including those involving residential properties.

Matthew also has experience with interim injunctions and other interim remedies pertaining  to property matters.

Matthew has also recently been instructed on a number of claims involving boundary disputes, easements such as rights of way, and restrictive covenants, and has been instructed to advise and draft statements of case in such proceedings.

Recent cases include:

• Obtaining an interim injunction requiring the landlord to allow a tenant back into possession of commercial premises.
• Drafting a Defence to an injunction claim in a residential property boundary dispute. Shortly after the Defence was served, the Claimant opted to discontinue and pay Matthew’s client’s costs.
• Successfully securing judgment for rent arrears on a commercial property, with costs ordered on the indemnity basis.
• Advising a client on registration of an easement by prescription, which led to the Land Registry entering notice of that easement on the register.
• Drafting documents to commence claims for possession and rent arrears of residential property.
• Obtaining an unless order in relation to a residential possession claim, breach of which led to the defence being struck out.
• Successfully obtaining possession pursuant to section 21 Housing Act, including cross-examination of the tenant who had claimed not to receive notice.

Matthew receives instructions in all areas of wills, trusts and probate. He regularly advises clients in relation to trust or proprietary estoppel claims.

Recent cases include:

• Advising and drafting claims pursuant to the Inheritance (Provision for Family and Dependents) Act 1975.
• Advising and drafting pleadings in respect of claims of a constructive trust of a family home, and proprietary estoppel