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 frequently attends on winding up petitions in Court centres across England on behalf of creditors and debtors, and has successfully obtained winding up orders on disputed petitions.

Matthew also appears in personal insolvency matters, including securing bankruptcy orders, and on behalf of trustees in bankruptcy and supervisors of IVAs in insolvency applications including orders for sale.

In addition, and during his pupillage, Matthew obtained extensive experience of more complex insolvency matters, including directors’ misfeasance, transactions at an undervalue, and fraudulent and wrongful trading claims.

Recent cases include:

• Successfully resisting claims that the debt is disputed in a winding up petition, obtaining a winding up order against the company
• Obtaining bankruptcy orders in a multi-million pound bankruptcy, including argument on procedural issues relating to service and non-compliance with directions
• Advice on limitation issues in relation to whether claims for misfeasance were limitation barred (assisting, as a pupil)

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:

• Successfully defending a claim for unpaid invoice at trial, and obtaining judgment on a counterclaim for defective building work
• 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.

During pupillage, Matthew also attended a number of mediations in relation to unfair prejudice petitions and shareholder disputes, and as a result has a strong understanding of the law in this area as well as in negotiations, and he welcomes instructions in these matters.

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

Recent cases include:

• Drafting documents for an application to correct the register, following failure to register a charge
• Claims for breach of a shareholders agreement, including an unfair prejudice petition, where there were allegations of misappropriation of funds (assisting, as a pupil)
• Advice whether entry into tax avoidance schemes constituted a breach of directors duties (assisting, as a pupil)

Matthew welcomes instructions in all areas of wills, trusts and probate. During pupillage, he gained experience in a range of probate matters including allegations of fabricated or forged documents, and applications under the Inheritance Act 1975.

Recent cases include:

• Applications to remove executors of an estate for failure to undertake their responsibilities as an executor (assisting, as a pupil)
• Drafting pleadings for an Inheritance (Provision for Family and Dependents) Act 1975 and undue influence claim (assisting, as a pupil)

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.

During pupillage, Matthew also gained experience in boundary disputes, easements such as rights of way, and restrictive covenants.

Recent cases include:

• Successfully securing judgment for rent arrears on a commercial property, with costs
• 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
• Advising in relation to appeal on a right to buy under Housing Act 1985 (assisting, as a pupil)