Birgitta Meyer

 

Called: 1992

Inn: Middle Temple

 

 

Email: bmeyer@1ec.co.uk

Summary

 

Birgitta’s is an experienced junior in the chancery commercial field, with long-standing particular expertise in insolvency, recognised for many years in both Chambers and Partners and the Legal 500.

 

A persuasive advocate, an excellent and through barrister, with a great manner with clients and enjoyable to work with, Birgitta is comfortable acting for professional clients, individuals and companies and is a good choice for complex cases.

 

In a suitable case, Birgitta 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.

 

Recent experience includes: 

 

  • Re RC (2020) trial re set-aside of IVA for material non-disclosure

  • Re C (2020) voidable preference and/or transaction at undervalue

  • Rea 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 (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 a hotel group (2020) whether bank in breach of contract/ exercise of power to put company into GRG not for proper purpose

  • L v LLP (2020) dispute between solicitors as to entitlement to fees

  • 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

Education

 

Bar School (1991-92)

University of Cambridge, Newnham College (1988-1991)

Edgbaston High School for Girls (1981-1988)

 

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

Skills & Interest

Gardening

Cooking

Current affairs

Privacy Policy

 

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