‘Tis the season for giving, and the recent UK Supreme Court decision in R (on the application of Palmer) v Northern Derbyshire Magistrates’ Court and another [2023] UKSC 38 is a welcome gift to insolvency practitioners. The Supreme Court held that an administrator of a company appointed under the Insolvency Act 1986 is not an officer of a company within the meaning of the phrase “any director, manager, secretary or similar officer of the body corporate” used in section 194(3) of the Trade Union and Labour Relations (Consolidation) Act 1992 (TULCRA). 

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Tags: GT Insight, litigation, restructuring, Supreme Court, UK
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Photo of Hannah Blom-Cooper Hannah Blom-Cooper

Hannah is a highly experienced commercial litigator representing individuals and corporations in relation to high-value and complex disputes which frequently involve multiple jurisdictions.

Hannah focuses in the area of disputes arising from business failure and formal insolvency process whether domestic or foreign. Hannah…

Hannah is a highly experienced commercial litigator representing individuals and corporations in relation to high-value and complex disputes which frequently involve multiple jurisdictions.

Hannah focuses in the area of disputes arising from business failure and formal insolvency process whether domestic or foreign. Hannah also provides clear and practical advice on asset recovery and asset protection both for creditors and debtors.

Hannah frequently acts for directors in the context of delinquent businesses where serious allegations of fraud and misconduct are made by the company, shareholders, creditors or an office holder –these will include claims for wrongful or fraudulent trading or disqualification proceedings. Hannah also acts for insolvency practitioners, both pre- and post-appointment, bankrupts, and companies subject to debt recovery.

Hannah is a highly experienced commercial litigator representing individuals and corporations in relation to high-value and complex disputes which frequently involve multiple jurisdictions.

Hannah focuses in the area of disputes arising from business failure and formal insolvency process whether domestic or foreign. Hannah also provides clear and practical advice on asset recovery and asset protection both for creditors and debtors.

Hannah frequently acts for directors in the context of delinquent businesses where serious allegations of fraud and misconduct are made by the company, shareholders, creditors or an office holder –these will include claims for wrongful or fraudulent trading or disqualification proceedings. Hannah also acts for insolvency practitioners, both pre- and post-appointment, bankrupts, and companies subject to debt recovery.

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Photo of Rupert Cheetham Rupert Cheetham

Rupert Cheetham has a broad practice involving restructuring, insolvency and general finance transactions. Rupert advises on fully consensual work-out refinancing transactions, restructuring procedures such as UK schemes of arrangement, restructuring plans and company voluntary arrangements (CVAs), and formal insolvency proceedings. Rupert acts for…

Rupert Cheetham has a broad practice involving restructuring, insolvency and general finance transactions. Rupert advises on fully consensual work-out refinancing transactions, restructuring procedures such as UK schemes of arrangement, restructuring plans and company voluntary arrangements (CVAs), and formal insolvency proceedings. Rupert acts for banks, funds and other financial institutions, as well as sponsors, corporates, directors and insolvency practitioners.

Rupert is recognised for Restructuring & Insolvency in the 2024 edition of The Legal 500 UK, where he is described as “very experienced and solutions-oriented” and lauded for being “a good leader to the team.”

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Photo of Alex Swan Alex Swan

Alex is an Of Counsel in the London White Collar Defence & Investigations practice. He has extensive experience across a wide range of complex and high-profile white collar crime matters, including allegations of bribery and corruption, fraud, and money laundering. He regularly advises

…

Alex is an Of Counsel in the London White Collar Defence & Investigations practice. He has extensive experience across a wide range of complex and high-profile white collar crime matters, including allegations of bribery and corruption, fraud, and money laundering. He regularly advises individuals and corporates at all stages of domestic investigations and prosecutions conducted by the SFO, the CPS, HMRC, the NCA, and the FCA (including in ancillary matters such as cash forfeiture, restraint and confiscation proceedings), as well as challenging the designation of individuals on sanctions lists.

Alex is often involved in complex cross-border matters, including domestic cases with parallel investigations or prosecutions taking place in other jurisdictions, such as France, Gibraltar, India, and the USA. He is skilled at managing the competing complexities of inter-connected proceedings and engaging with a range of law enforcement agencies, including the US DOJ, the SEC, the French PNF, and the Indian CBI and ED.

He is a qualified Higher Rights solicitor-advocate with experience of representing clients both at the police station and in court and has an array of advisory and litigation skills.

Alex is recognised in two chapters of The Legal 500 2024, Fraud White Collar Crime (Advice to Individuals) and Regulatory Investigations and Corporate Crime (Advice to Corporates). Sources say: “Alex Swan knows his cases backwards, has an almost encyclopaedic recollection of the law, and has excellent client handling skills,” adding that he is “a huge presence and as enthusiastic a solicitor as you could ever wish for. Bright, energetic and able to cut through the rubbish to get to the meat of the case.”. Other commentators note that “Alex leaves no stone unturned and is also an impressive advocate.”

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