Stefan Ramel

Year of call: 2002

"Solid junior with a wide-ranging commercial practice encompassing compay law and insolvency matters in additon to a core of banking and finance disputes. He regularly acts on behalf of major banks and other lending institiutions in a number of forums."
Chambers UK 2017

Stefan Stefan

Stefan is a highly regarded commercial advocate who litigates regularly in the High Court and who has also appeared several times without a leader in the Court of Appeal. He frequently undertakes drafting and advisory work in multi-million pound cases. He is on the Attorney General's Regional Panel for government work, and also sits in a judicial capacity for British Fencing.

Insolvency

Stefan is top-rated for his insolvency work by Chambers and Partners. He is described by clients as having an "outstanding intellect"; his knowledge of insolvency is described as being diverse and in depth. He has been repeatedly described as a star of the future. He is noted as thinking "outside of the brief" and identifying "technical points of law which can impact on the strategy followed for a case".

His caseload covers both corporate and personal insolvency work. He has appeared in insolvency cases in the County Court, the High Court, and the Court of Appeal. He works both for and against insolvency officeholders in transaction avoidance litigation, and also appears and advises on petitions (bankruptcy / liquidation) and applications (administration / extension of administration / provisional liquidation / set aside statutory demands). The value of the cases that he is involved in ranges from tens of thousands of pounds, to multi-million pound cases.

Stefan is also described as the "go to Counsel" for cross-jurisdictional insolvency issues. He advises on, and appears in cases which involve the EC Regulation on Insolvency Proceedings, the UNCITRAL Model Law or s.426 of the Insolvency Act 1986. He recently advised the government in relation to the reform of the EC Regulation. He is currently working on several so-called "bankruptcy tourism" cases and matters involving the realisation of "foreign property".

Significant Cases

  • Bowen Travel Limited [2012] EWHC 3405 (Ch) (HHJ Simon Barker QC) - Whether to make an administration order. Whether the Court had power to make an interim administration order.
  • Warner v Barnes & Anor [2012] All ER (D) 134 (Sales J) - Cross-border insolvency. Contempt of court by bankrupts in failing to comply with orders under the UNCITRAL Model Law for disclosure of documents.
  • Baillies Ltd (in liquidation); Ladislav Hornan (as liquidator of Baillies Ltd) v James Stuart Baillie & Ors [2012] EWHC 285 (Ch) [2012] BCC 554 [2012] BPIR 665 - Whether the Service Regulation applies to insolvency proceedings; whether rule 7.55 of the Insolvency Rules 1986 can be used to cure a defect in service of proceedings.
  • In the matter of Martin Ruiz; Mekarska v (1) Ruiz (2) Patrick Michael Boyden (as the trustee in bankruptcy of Martin Ruiz) [2011] EWHC 913 (Fam) - Annulment application and ancillary relief appeal with a challenge to the trustee in bankruptcy’s entitlement to costs.
  • In the Matter of Alitalia Linee Aeree Italiane SPA; (1) Connock (2) Boyden (as joint liquidators in England and Wales of Alitalia) v Fantozzi (administrator in Italy of Alitalia) [2011] EWHC 15 (Ch) - Stefan Ramel successfully represented the liquidators of Alitalia, the former national Italian airline, in the High Court in litigation involving a cross-border insolvency law dispute. The case concerned the proper construction of the EC Regulation on Insolvency Proceedings of 29 May 2000 (No. 1346/2000), and in particular whether, in a liquidation, English law or Italian law should govern the ranking of post-insolvency contractual payments to Alitalia’s former UK employees where the lead Court proceedings are in Italy.
  • Shaw v Lighthousexpress Ltd [2010] EWCA Civ 161 - Financial services dispute involving the construction of a contract between an independent financial adviser and a network of independent financial advisers.
    In the matter of the Estate of Rene Rivkin (Deceased) [2009] Bus LR 500 : Times, November 6, 2008 - Application for disclosure by trustee opposed on grounds of breach of Art 8 of ECHR.
  • French v Barcham [2009] 1 All ER 145 - Whether the ability of a trustee in bankruptcy to claim occupation rent based on equitable principles survived the passing of the Trusts of Land and Appointment of Trustees Act 1996 and the decision of the HL in Stack v Dowden
  • Turner v Avis [2009] 1 F.L.R. 74; [2008] BPIR. 1143; [2008] Fam. Law 1185 - Application for possession and sale - exceptional circumstances - rule in ex parte James.
  • Pannell v Official Receiver [2008] EWHC 736 (Ch); [2008] BPIR 629 - Whether the three year “use it or lose it” provisions enacted by the Enterprise Act 2002 apply to bankruptcies under the Bankruptcy Act 1914 as well as to bankruptcies under the Insolvency Act 1986.
  • Avis v Turner [2007] EWCA Civ 748; The Times, August 22 2007 [2008] 2 WLR 1; [2007] 4 AII ER 1103 - Whether a trustee in bankruptcy was prevented from applying for possession and sale of the matrimonial home prior to the happening of any of the events stipulated in a pre-bankruptcy order of the divorce court postponing sale. 
  • Hill (as trustee in bankruptcy of Nurkowski) v Spread Trustee Company Ltd [2006] EWCA Civ 542; [2007] Bus LR 1213; [2007] 1 All ER 1106; [2006] BCC 646; [2006] BPIR 789; The Times, July 10 2006 - Nature and extent of court's jurisdiction to strike down transactions defrauding creditors and limitation period within which to do so.
  • Hill v Spread Trustee Company Ltd, Re Nurkowski [2005] EWHC 336 (Ch), 11 February 2005; [2005] BPIR 845 - Nature and extent of court's jurisdiction to strike down transactions defrauding creditors and limitation period within which to do so.

Commercial

Stefan's commercial work attracts praise from his clients. He has been described as "thorough and diligent", but also as "commercial and client-focused". Lawyers who have appeared against him have described him as "an extremely effective" / an "impressive" opponent. His advisory work is described as "clear and concise".

Stefan appears in first instance (County Court and High Court) and appellate matters (Court of Appeal), whether trials or interim applications (for example, summary judgment or specific or pre-action disclosure). The value of the commercial cases in which he is instructed ranges from tens of thousands of pounds to multi-million pound cases.

His commercial caseload includes the following types of commercial matters:

  • Sale of goods (recent examples include a claim involving a defective vehicle, a claim involving a defective laser, and a claim involving defective piston rings).
  • Claims under guarantees (several recent examples on the side of the creditor or the guarantor).
  • Conflicts of laws (claims turning on the incorporation construction of a choice of law / choice of jurisdiction claim).
  • Breach of warranty claims (for example, a breach of warranty claim arising in the context of a business sale).
  • Law of agency (for example, a recent claim turned on whether an agent had ostensible authority to act on behalf of a principal).

Company Directors Disqualification

Stefan is on the Attorney General’s Regional Panel of Counsel. He is regularly instructed in claims against directors seeking disqualification orders under the Company Directors Disqualification Act 1986. He has appeared in several trials on behalf of the Secretary of State, and has obtained disqualification orders in each of the Sevenoaks brackets.  In the context of CDDA claims, Stefan also has experience of advising the Secretary of State and directors on matters such as evidence, and the scope of unfitness allegations. In addition to his disqualification work, Stefan has also been instructed in Bankruptcy Restrictions Order cases on behalf of the Secretary of State.

Banking & Finance

Stefan has an established practice in Banking and Financial Services.

His recent work includes cases involving claims by banks or other lenders to enforce loan agreements and mortgages over property.

In addition, Stefan is also regularly instructed to advise and appear in claims involving the alleged mis-selling of financial products, ranging from investments to pensions.

Professional Negligence

Stefan is regularly instructed to appear in, and advise upon, claims of alleged professional negligence. His practice encompasses both claimant and defendant work.

On the claimant side, Stefan has recently acted in a substantial claim for damages against a valuer. He has also been instructed in relation to claims made against accountants and lawyers.

He also regularly encounters claims involving allegations of negligence or misfeasance against insolvency practitioners who have acted as liquidators or administrators of a company or a partnership.

Sports Law

In addition to his practice in commercial and chancery work, Stefan also practices in sports disciplinary matters. He is on the Disciplinary Panel and the Grievance Panel maintained by British Fencing to resolve disciplinary matters or grievances brought against members of British Fencing. Stefan has acted in that capacity in a number of instances. In addition, he also assisted with the drafting of the current British Fencing Disciplinary Code and Grievance Code.

Recommendations


CHAMBERS UK 2017

Banking & Finance

Leading Junior - Band 2

Solid junior with a wide-ranging commercial practice encompassing compay law and insolvency matters in additon to a core of banking and finance disputes. He regularly acts on behalf of major banks and other lending institiutions in a number of forums.

Strengths: "He's a very technically able barrister who is very, very good on paper. He's particularly good on the insolvency side of banking work."

Recent work: Acted for Bank of Scotland in a claim against litigants in person seeking a money judgement following default on a loan.

Commercial Dispute Resolution

Leading Junior - Band 2

Praised for his skill both on paper and in court, and instructing solicitors highlight his measured approach. His practice covers directors' disputes, professional negligence and insolvency.

Strengths: "He is easy to get on with, practical in his outlook, very good at finding solutions, and he knows how to endear himself to the court." "A bright and accurate barrister who is pleasant to deal with."

Recent work: Appeared for the Nationwide Building Society in several professional negligence cases including matters of liability, causation and loss.

Restructing/Insolvency

Leading Junior - Band 1

Handles personal and corporate insolvency matters, and also writes and speaks broadly on a variety of insolvency topics. A multilinguist, he is widely respected for his impressive command of cross-border issues.

Strengths: "Goes beyond his level of call in terms of expertise, particularly when handling cross-border, technical insolvency issues." "Very user-friendly and incredibly bright. His written opinions are very good as they are detailed and yet commercial."

Recent work: Successfully acted for an individual looking to annul a bankruptcy order obtained against him.


LEGAL 500 2016

Commercial, Banking, Insolvency & Chancery Law

Leading juniors

'Thorough, meticulous and very calm.'  


CHAMBERS UK 2016

Banking & Finance

Leading Junior - Band 2

An effective junior with a strong reputation in the banking and financial services sectors, particularly when it comes to loan recovery and mortgage enforcement matters. He has also been highly active when it comes to mis-selling and interest rate swap claims, as well as in matters at the crossover between banking and insolvency.

Strengths: "He's very good technically but also impressive all-round in court. Very nice to deal with." "A tenacious advocate, particularly strong if there is an insolvency angle."

Recent work: Retained by Suffolk Life Annuities in a breach of contract claim it brought against an individual alleging failure to pay fees and interest owed.

Commercial Dispute Resolution

Leading Junior - Band 2

An experienced commercial practitioner whose practice covers a broad range of litigation and advisory work. He is particularly noted for his insolvency expertise, but is also strong on corporate, employment, fraud and sale of goods matters.

Strengths: "His client care is unbelieveable. He always responds promptly with sufficiently detailed, first-class advice." "He has a forensic approach to his work, but is also very practical and commercial - unbelieveably commercial but also believably knowledgeable, which makes him lethal!"

Recent work: Acted for a marketing company, Tru Bristol, in a contractual dispute concerning a PR agreement with computer manufacturers Asus, who launched a counterclaim alleging that Tru Bristol had failed to delivery laptop samples.

Restructing/Insolvency

Leading Junior - Band 1

Specialises in corporate and personal insolvency. He is praised for his impressive language skills, which make him invaluable when handling cross-border insolvency issues.

Strengths: "He is very good with clients."

Recent work: Acted for a liquidator in its claim against a director concerning a breach of directors' duties. 


LEGAL 500 2015

Commercial, Banking & Insolvency

Leading juniors

'He is excellent at drilling down into the detail of a complex case'.


CHAMBERS UK 2015

Banking & Finance

Leading Junior - Band 2

A talented junior with a focus on the financial sector. Instructing solicitors praise his commercial approach and describe him as a highly client-friendly counsel.

Expertise: "He's excellent - very good on detail and very good on his feet." "He is very user-friendly and very sensible, and he's not afraid to give you an opinion. He's exceptional in his written submissions and he's always keen to deliver the desired commercial outcome. He understands the difference between the legal answer and the commercial one."

Recent work: Acted on behalf of the Bank of Ireland in a bankruptcy petition.

Commercial Dispute Resolution

Leading Junior - Band 1

Acts on a broad range of commercial disputes. He litigates regularly in the High Court and has appeared in the Court of Appeal on several occasions.

Expertise: "He seems to pick up the nub of the matter very quickly." "He is a very determined and confident advocate."

Recent work: Acted on behalf of the claimant in a fraudulent misrepresentation claim arising out of the sale of a parcel of land.

Restructuring/Insolvency

Leading Junior - Band 1

Well recognised for his impressive contributions to both corporate and personal insolvency cases. He is highly praised in the market for his articulate strategic thinking and courtroom flair.

Expertise: "He is very thorough and effective, in court and out." "He has a good tactical mind, and provides useful insights."

Recent work: He acted for the Secretary of State in a successful disqualification action in Truro County Court.


LEGAL 500 2014

Commercial, Banking & Insolvency

Leading juniors

'He appears in cases at all stages of insolvency and he is experienced in matters with a cross-border element'.


CHAMBERS UK 2014

Commercial

Handles a broad range of commercial disputes, including breach of contract matters, sale of goods cases, and breach of director's duties claims.

Expertise: "He is very assured and doesn't sit on the fence; he gets the confidence of clients."

Recent work: He defended a client facing a claim by State Securities for possession of a residential property. (Commercial Dispute Resolution - Western Bar)

Restructuring/Insolvency

Has a broad insolvency practice that encompasses a range of personal and corporate insolvency advice and advocacy. He receives regular instructions in insolvency trials, as well as in administration applications, and is developing considerable expertise in cross-border insolvency cases.

Expertise: "He is a great advocate who handles himself brilliantly in court. He thinks outside of the brief and identifies technical points of law which can impact on the strategy followed for a case." "He is the go-to counsel for any issue involving cross-jurisdictional insolvency issues."

Recent work: He was instructed on behalf of an Australian trustee in a British bankruptcy case.


CHAMBERS UK 2013

Commercial

Stefan Ramel is picking up more and more work, and is described by solicitors as "an impressive barrister with a clear and concise writing style, who provides tremendously in-depth advice." His understanding of international law and commercial claims with elements of fraud is well beyond that of someone of his year of call.

Restructuring/Insolvency

"Rising star" Stefan Ramel has "excellent technical knowledge" and takes a thorough approach to a practice that takes in cross-border insolvency cases, amongst other matters. According to sources, he "develops a good relationship with clients and is responsive" to their needs. Solicitors like him as "frankly, he makes you look good in front of the client."


LEGAL 500 2013

Other recommended insolvency practitioners include Jeremy Bamford, Richard Ascroft and Stefan Ramel, who is noted for his cross-border expertise.


CHAMBERS UK 2013

Commercial

Stefan Ramel is making an impact on the market and is variously described as "an impressive opponent" and a "sharp, rigorous and dependable advocate." He has a broad-based practice and attracts work on banking and insolvency matters.

Restructuring/Insolvency

Stefan Ramel is highly admired for a practice that frequently has a cross-border flavour. He is described as "excellent and very good under fire." Others add: "He is a lovely chap" who "always produces the goods."


 LEGAL 500 2012

Guildhall Chambers fields an impressive insolvency team - featuring Stefan Ramel, who is recommended in this area.


 LEGAL 500 2011

Stefan Ramel, who has a growing cross-border practice, Christopher Brockman, Richard Ascroft and Katie Gibb are the other linchpins.


CHAMBERS UK 2011

Commercial

Stefan Ramel is "a rising junior and one to watch for the future." He attracts considerable praise for his insolvency expertise and is considered to be "commercial and client-focused."

Restructuring/Insolvency

Stefan Ramel continues to receive widespread acclaim as a "star of the future." Sources admire his "quick, analytical mind" and agree that his level of knowledge is "far beyond his year of call."


LEGAL 500 2010

Stefan Ramel 'very bright and able, and growing in confidence and stature' are all well regarded.


CHAMBERS UK 2010

Commercial

Stefan Ramel is an "extremely astute but relaxed individual" who excels in technical contractual disputes. He has recently handled some cross-border insolvency work. One source describes him as "very cerebral and analytical - an extremely effective opponent."

Restructuring/Insolvency

Stefan Ramel is "clearly someone who will rise to the top of his profession in the fullness of time." He has a diverse and in-depth insolvency law expertise, and proves "extremely bright and very clear in his advice." Commentators note that he displays "a quietly confident style that proves an asset on cases involving fraught parties." He has been at the centre of a number of reported cases recently and, being bilingual French / English and also speaking German, he attracts an increasing amount of significant cross-border insolvency work.


CHAMBERS UK 2009

Commercial

Stefan Ramel is described as a 'thorough, diligent and promising young barrister.'

Restructuring/Insolvency

Stefan Ramel enters the ranks this year with interviewees describing him as a "rising junior who impresses with his enthusiasm and excellent courtroom skills." "He is able to develop legal arguments in a way similar to Stephen Davies QC," reported one client. "His outstanding intellect sets him apart from others of his age" and his multilingual abilities have led to an increase in his cross-jurisdictional insolvency workload, including advising on the recovery of assets abroad. Davies led him in the high-profile Avis v Turner litigation: this has become an important case with regard to the interaction between matrimonial law and insolvency law.