Summary

 

Birgitta is a very experienced commercial junior with particular expertise in commercial chancery and insolvency matters. Her practice also covers company and partnership work, shareholder disputes and general commercial litigation.

 

Birgitta has been rated both by Chambers and Partners and the Legal 500 for many years as an expert in insolvency law.

 

Birgitta “regularly handles complex insolvency cases as part of her broader commercial litigation practice. Market commentators are quick to highlight her authoritative manner in court and her ability to present arguments with absolute conviction. She is adept at handling both corporate and personal insolvencies." (Chambers and Partners, 2018)

"She has a good grasp of the law and the facts, and her advocacy is persuasive." (Chambers and Partners, 2018)

She has a meticulous approach and a wonderful manner with clients. She’s a great advocate, easy to work with and extremely proactive” (Chambers and Partners, 2017)

She is full of knowledge and has a good manner with clients” (Legal 500, 2016)

Areas of Expertise

 

■ Insolvency

■ Commercial litigation

■ Company

 

 

 

Insolvency

 

All aspects of company and personal insolvency as well as administrations, asset recovery, liquidation, receivership, CVAs, proceedings brought by officeholders under ss228, 239 and 423 Insolvency Act to set aside transactions at an undervalue and/or preferences, wrongful trading, misfeasance against former directors, fraudulent trading, IVAs, statutory demands and winding up.

 

Some of her recent experience includes:

 

  • Re a Co Ltd (2018) creditor’s administration application opposed by the Company

  • Re a Co Ltd (2018) creditor’s administration application opposed by the Company’s director/shareholder

  • Re a Co Ltd: J v C (2018) acting for defendant to wrongful trading and misfeasance claim

  • Re M Ltd (2018) advising and drafting response on behalf of the former directors of a limited company to a claim made against them by its liquidator to recover alleged unlawful dividends

  • Re W (2018) advice on direct access basis re effect of bankruptcy and limits of the right of trustee in bankruptcy to seek information from third parties re dealings of bankrupt

  • Re a Co Ltd (2018) representing company defending winding up proceedings and advice as to merits of app for validation order

  • Re M Ltd (2018) alleged preference, whether associated parties, merits of claim in light of burden of proof

  • Re a Co Ltd (2018) acting for substituted creditor seeking winding up of company when Court’s jurisdiction is disputed

  • Re K (2018) advising former director of property development company as to merits of app to set aside administrator order when appointment defective/ invalid

  • Re One World Logistics Freight Ltd [2018] EWHC 284: whether court should make administration order or appoint provisional liquidators

 

  • R v V (2017) advising re set off  

  • S v M (2017) setting aside demands made against guarantors of company which had suffered loss and damage caused by alleged 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) bankruptcy petition successfully defended (to negotiated settlement) under s.271(3) IA 1986 for wrongful refusal of offer

  • Re G (2017) advice re whether claim in unjust enrichment properly found a bankruptcy petition

  • Re a Co (2017) advice whether Court would restrain creditor’s advertisement of winding up petition 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 a former 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 (2016)

  • Re B (2016) validity of trust executed prior to bankruptcy

  • Re A (2016) alleged transactions at undervalue and/or misfeasance

  • Re A (2016): Application to set aside stat demands based upon debts allegedly due under guarantees

 

  • Re M (2015) application to set aside stat demand based upon a foreign judgment

  • Re A (2015) application by creditor to set aside IVA under s.262 IA 1986 and rule 5.22 IR 1986

  • El Shaddai (2015) landlord pursuing trustees of a charity personally for unpaid rent

  • Re R (2015) injunction to restrain presentation of bankruptcy petition threatened 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

 

Commercial Litigation

 

Birgitta is an experienced commercial litigator, an “excellent…very thorough barrister" who is able to deal with a wide variety of commercial disputes from shareholder disputes to allegations of fraud and freezing injunctions.  She has particular expertise in disputes involving insolvency issues. 

 

Examples of her recent experience include:

 

  • 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

 

 

Company

 

Birgitta has dealt with a wide variety of issues such as minority shareholders’ petitions, misfeasance against directors, rectification of the register of members, company restorations and directors’ disqualification proceedings.

 

Some of her recent experience includes:

 

  • 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) advice re 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

 

Education

 

Edgbaston High School for Girls (1981-1988)

University of Cambridge, Newnham College (1988-1991)

Bar School (1991-92)

 

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

 

Associations

 

Chancery Bar Association

Bar Tennis Society

Testimonials

 

"...she is very approachable, very bright and a very easy person to deal with...forceful and effective advocacy...she always goes the extra mile for her client”

                                      Chambers UK

 

“...strong reputation across the waterfront of insolvency matters.”

                                             Legal 500

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2010 - present

2010 - present