Birgitta Meyer

 

Called: 1992

Inn: Middle Temple

 

 

Email: bmeyer@1ec.co.uk

Summary

 

Birgitta is very experienced in the field of chancery/commercial, with long-standing particular expertise in insolvency, as was recognised for many years in Chambers and Partners and the Legal 500.
 
Usually acting as sole counsel, comfortable acting for professional clients, individuals and/or companies, Birgitta is a persuasive advocate, an excellent and thorough barrister, with a great manner with clients and enjoyable to work with. She is a good choice for complex cases and is qualified to accept instructions on a direct access basis.
 

 

 

Insolvency
 
All aspects of company and personal insolvency, including administrations, asset recovery, liquidation, receivership, CVAs, IVAs, proceedings brought by officeholders to set aside transactions at an undervalue and/or preferences, wrongful trading and misfeasance against former directors, directors’ disqualification proceedings and claims against office-holders.
 
Recent experience includes: 
 
•    Re a Co (2021) acting for energy sector creditor against company seeking to restrain presentation of winding up petition on grounds that debt allegedly disputed and/or coronavirus test not met
•    Re a Co (2021) advising company and drafting evidence addressing solvency and whether coronavirus test met
•    Re a Co (2021) advising directors alleged to have acted in breach of duty at a time when the interests of creditors alleged by liquidators to have been paramount. Evaluation of financial position of company and decision of directors to continue to trade despite trading losses and contingent liabilities
•    Re C (2021) advising trustee in bankruptcy and drafting application and evidence for claim to set aside voidable preference and/or transaction at undervalue and/or agreement in breach of FSMA 2000. Successful settlement
•    Re a Co (2021) advising liquidators re claim against directors for secret profit and/or breach of duty 
•    Re a Co (2021) advising direct access client and drafting letter in response to claims by liquidator that breaches of duty as director, alleged secret profit

•    Re a Co (2020) advice whether application for administration order appropriate
•    Re a bankrupt (2020) advice re challenge to appointment of trustee in bankruptcy
•    Re RC (2020) trial re set-aside of IVA for material non-disclosure
•    Re a Co (2019) appointment of provisional liquidators over a company subject to a shareholders’ dispute
•    Re K (2019) jurisdiction re bankruptcy petition, COMI
•    Re an LLP (2019) defence to application to restrain presentation of petition against firm of solicitors
•    Re a Co (2019) validation of administration despite defective appointment
•    Re R (2019) re potentially solvent estate in bankruptcy
•    Re a Co Ltd (2019) effect of CVA upon claim upon liquidation
•    Re a Co Ltd (2019) trial re wrongful trading and misfeasance
 
•    Re a Co (2018) creditor’s administration application opposed by company
•    Re a Co (2018) creditor’s administration application opposed director/shareholder
•    Re M Ltd (2018) directors’ defence to liquidator’s claim to unlawful dividends
•    Re W (2018) effect of bankruptcy and limits of the trustee in bankruptcy’s right to seek information from third parties
•    Re a Co Ltd (2018) disputed winding up petition, validation order
•    Re M Ltd (2018) preference, whether associated parties, merits of claim in light of burden of proof
•    Re a Co Ltd (2018) substituted creditor seeking winding up when Court’s jurisdiction disputed
•    Re K (2018) director of property development company seeking to set aside administrator order
•    Re One World Logistics Freight Ltd [2018] EWHC 284: whether court should make administration order or appoint provisional liquidators
 
•    R v V (2017) set off  
•    S v M (2017) setting aside demands made against guarantors of company suffering loss and damage caused by creditor wrongfully putting company into administration in breach of contract
•    Re T (2017) injunction to restrain presentation of winding up petition against overseas company
•    Re R (2017) re s.271(3) IA 1986 for wrongful refusal of offer
•    Re G (2017) advice re whether claim in unjust enrichment can properly found a bankruptcy petition
•    Re a Co (2017) restraint of advertisement when company had cross-claim
•    C v J (2017) Trial of trustee in bankruptcy’s application to enter Form J Restriction. The Lands Tribunal dismissed the trustee’s contention that the declaration of trust was a sham
•    Sec St v Bartlet [2017] WL 01162361. Circumstances in which the Court will order the sale of a property under CPR 73.10
 
•    Kean v Lucas [2016] EWHC 2684 whether the Court would restrain the holding of a meeting of creditors requisitioned to consider the removal of the liquidator
•    Re a Company (2016) construction of shareholders’ agreement, allegations of breach of fiduciary duty and effect of arbitration clause
•    Re C Ltd (2016) breach of fiduciary duty, transactions at undervalue, voidable preference
•    Re P (2016) Court-appointed Receiver of partnership sought to enforce compliance with call
•    TA v AB & CD (2016) without notice injunction to restrain sale by LPA Receivers of portfolio of properties
•    Re A (2016) guarantee claim
•    Re B (2016) validity of trust executed prior to bankruptcy
•    Re A (2016) alleged transactions at undervalue and/or misfeasance
•    Re A (2016) stat demands based upon debts allegedly due under guarantees
 
•    Re M (2015) stat demand based upon a foreign judgment
•    Re A (2015) challenge to IVA under s.262 IA 1986 and rule 5.22 IR 1986
•    E S (2015) landlord pursuing trustees of a charity personally for unpaid rent
•    Re R (2015) restraint of bankruptcy petition for alleged breach of IVA
•    Re A (2015) guarantor’s application to set aside statutory demand
 
•    Re V (2014) equitable accounting and equity of exoneration
•    Re C (2014) spouse defending claim brought by former husband’s trustee in bankruptcy to set aside ancillary relief settlement as void pursuant to s.284 IA 1986 and/or as transaction at undervalue
•    Re C (2013) spouse setting aside bankruptcy of husband as abuse of process
•    Re D Ltd (2013) injunction to restrain presentation of winding up petition
•    Re K Ltd (2013) effect of arbitration clause upon ability to present winding up petition against company
•    Re T Ltd (in liquidation) (2013) validity of resolution to wind up company following invalid transfer of shares
•    Re B Ltd (2013) effect of ROT clause upon administration, claim for conversion against Administrators
•    Re K (2012) acting for bankrupt on his own petition, Jurisdictional issues including COMI
 
 


Company
 
Recent experience includes:
 
•    Re a Co (2021) acting for s.994 petitioner, exclusion of shareholder from management decisions in quasi-partnership, allegations of breach of duty by director, appropriate valuation to be placed on the shares in the circumstances – trial early 2022
•    Re a Co (2021) acting for s.994 petitioner in fintech company, drafting petition and points of defence to cross-petition
•    Re a Co (2020) shareholders’ dispute, s994, valuation of shares
•    Re a Co (2020) exercise by board of directors of powers for improper purpose

•    Re a Co (2019) shareholders’ dispute, s994
•    Re A&B (2018) advice to directors on direct access basis re construction and effect of shareholders’ agreement
•    Re a Company (2016) construction of shareholders’ agreement, allegations of breach of fiduciary duty, arbitration clause
•    Re M Ltd (2016) validity of transfer of assets by director without actual authority
•    Re F Ltd (2015) s.994 petition
•    L v L (2015) draft pleadings for claim seeking disclosure of information regarding the state of a trust of shares of a company
•    Re S (2014) directors’ disqualification proceedings alleging de facto directorship
•    Re S Ltd (2014) rectification of register of members
•    P v W (2014) injunction to restrain company from invalidly forfeiting shares of member
•    T Ltd (2014) s.994 petition
•    N Ltd (2013) s.994 petition
 
 
 

Commercial Chancery
 
Recent experience includes:
 
•    Re G Ltd (2021) acting for Claimant under sale and supply of services agreement claiming sums following termination of contract. Question of construction of contractual clause. Successful settlement.
•    L v LLP (2021) acting for direct access client re dispute between solicitors as to entitlement to fees
•    BG v I (2021) acting for Claimant in defence to app to set aside judgment. Energy sector

•    M v R Ltd (2020) application for relief from sanctions where delay due to Covid-19
•    A v B (2020) app for specific disclosure of confidential document containing terms of settlement between B and C
•    Re a hotel group (2020) whether bank in breach of contract/ exercise of power to put company into GRG not for proper purpose
•    Co v M (2020) trial re import of pomegranates on FOB terms
•    Re D (2019) whether group of properties held on resulting trust, Inheritance Act claim
•    Re K (2019) fleet of vehicles not fit for purpose
 
•    A v B (2018) dispute re construction of commercial agreement, summary judgment application
•    G v M (2017) dispute re the provision of fruit packing services/ Application to set aside default judgment
•    A v B (2016) claim against bank alleged misrepresentation/ deliberate distress causing company to go into liquidation/ wrongfully alleging breach of loan to value covenant
•    TA v EF (2016) applicant seeking pre-action disclosure against building society
•    GH v I Ltd (2016) applicant claiming damages for negligent misrepresentation against bank
•    X v Y (2016) pre-action disclosure sought against financial institution suspected of deliberate undervaluation so as to engender breach of loan to value covenant, plus application for interim injunction to restrain sale of property portfolio by LPA Receivers purportedly appointed by lender
•    Re A (2016) advice re liability of lender for negligent or fraudulent misrepresentation
•    Re P Ltd (2015) whether directors are personally liable pursuant to alleged guarantee
•    P (2015) whether debt due personally as well as by company/ construction of contract arising out of discussions/correspondence
•    Re M Ltd (2014) advice and draft pleadings for injunction
•    B Ltd v E Ltd (2013) breach of contract of sale of a business

 

 

Associations

 

Chancery Bar Association

Bar Tennis Society

2010 - present

2010 - present

Areas of Expertise

 

■ Insolvency

■ Company

■ Commercial 

■ Partnership

Skills & Interest

Gardening

Cooking

Current affairs

Reported Cases

Re One World Logistics Freight Ltd [2018] EWHC 284
Sec St v Bartlet & ors [2017] WL 01162361
Kean v Lucas [2016] EWHC 2684
 
Markham v Karsten [2007] All ER (D) Jun
Swan v Sandhu and anor, Re K & K Knitwear Ltd [2005] All ER (D) 38
ICS Incorporation Ltd v Michael Wilson & Partners Ltd [2005] All ER (D) 291
Re a Company [2004] All ER (D) 343
Cottrell v King [2004] 2 BCLC 413
Re Local London Residential Ltd [2004] 2 BCLC 72
Re a Co (No. 3030 of 2003) [2003] All ER (D) 139
Re Ryan Developers Ltd [2002] 2 BCLC 792
Kassam v Toohey [2002] All ER (D) 331
Re Blue Note Enterprises [2001] 2 BCLC 427
S Dunhill Generation Industries to Israel Ltd v Housepower Properties Ltd
[2001] All ER (D) 207
Re Stephenson Cobbold Ltd [2000] 2 BCLC 614
Re Zirceram Ltd [2000] 1 BCLC 751
Sec St for Trade and Industries v Barnett [1998] 2 BCLC 64
Re Arthur Rathbone Kitchens Ltd [1997] 2 BCLC 280
 

Education

 

Bar School (1991-92)

University of Cambridge, Newnham College (1988-1991)

Edgbaston High School for Girls (1981-1988)

 

Privacy Policy

 

(click to read)