Insolvency Seminar @ The Watershed - 8th May 2018

8 May, 2018

Tuesday 8th May 2018

The Watershed, 1 Canons Road, Bristol  

Registration & Brakfast from 9:30am for a 10:00am start

The Insolvency team are hosting their annual all-day insolvency seminar on Tuesday 8th May 2018 at The Watershed chaired by Insolvency and Companies Court Judge Briggs (Chief Registrar)

We are delighted to confirm our keynote speaker will be the Honourable Mr Justice Birss.

The day will include a series of talks presented by both Guildhall team members and external speakers. 

Please see the full programme below:

PROGRAMME

9:30 Registration and Breakfast

10:00 Chairman's Introduction

10:15  Administration - another busy year - Catherine Burton, DLA Piper, and Sam Parsons, Guildhall Chambers

·        Appointments – the latest including NJM Clothing

·        Removals and conflicts of interest - including VE Interactive Limited and Privilege Project Finance v SS Agri Power

·        Maintaining independence – Davey v Money

11:00 Keynote Speaker - Mr Justice Birss

11:30 Coffee Break

11:45 A matter of trust - property issues in bankruptcy - Holly Doyle, Guildhall Chambers and Rachel Lai, Menzies

·        Determining beneficial interests: the modern thinking on express and constructive trusts

·        Equitable accounting in the wake of Davis v Jackson [2017] EWHC 698 (Ch)

·        Revisiting the equity of exoneration : the Court of Appeal’s decision in Williams v Onyearu [2017] EWCA Civ 268

12:30 Check your privilege: the impact of Shlosberg and Lemos on officeholders - Simon Passfield, Guildhall Chambers and Mark Sands Quantuma

·        The recent decisions in Avonwick Holdings Ltd v Shlosberg [2016] EWCA Civ 1138 and Re Lemos [2017] EWHC 1825 (Ch) have severely curtailed the ability of trustees in bankruptcy to deploy privileged documents in carrying out their function

·        Mark and Simon will consider the legal reasoning underpinning those decisions, the practical consequences for officeholders and some potential solutions to the problems created.

1:15 Lunch

2:15 Cases to remember 2017 - 2018

This talk, by James Hannant, John Churchill and Sam Parsons of Guildhall Chambers will focus on the following important cases over the last year:

·        Ahmed and others v Ingram and another (Joint trustees in bankruptcy of the estate of Ahmed the above-named Debtor) [2018] EWCA Civ 519: The Court of Appeal determined whether s. 284 of the Insolvency Act 1986 provided a free-standing right to recover shares disposed of in contravention of that provision as well as determining issues relating to valuation and loss

·        Reynard v Fox [2018] EWHC 443 (Ch): the decision of HHJ Paul Matthews to strike out a bankrupt’s claim against a trustee in bankruptcy appears to shut the door on common law claims. This talk will explore how conclusively that door is shut, and discuss the implications for litigants in person, following Barton v Wright Hassall LLP [2018] UKSC 12

·        DD Growth Premium 2X Fund (in Official Liquidation) v RMF Market Neutral Strategies (Master) Limited [2017] UKPC 36: the Privy Council’s ruling on the law of unjust enrichment when applied to payments made by insolvent companies. The talk will focus on the implications for insolvency law in the UK, particularly in the context of unlawful dividends.

3:00 Time’s up? Limitation issues in insolvency cases - Stefan Ramel, Guildhall Chambers  and David Pomeroy, Ashfords

·        Stefan and David will focus on a mix of legal and practical limitation issues that arise in insolvency cases: such as what limitation period applies, when does time start running and some practical tips when limitation is about to expire.

·        The talk will also cover the recent Supreme Court decision in Burnden Holdings (UK) Limited v Fielding [2018] UKSC 14, which concerned limitation periods in director claims.

3:45 Coffee Break

4:00 Security for Costs, CFAs and Funding - Hugh Sims QC, Guildhall Chambers, Susan Dunn, Harbour Litigation Funding, John McElroy, Partner, Hausfeld LLP

·        Premier Motorauctions – the decision in the Court of Appeal on security for costs and subsequent High Court decisions

·        Funding – use of CFAs and the position following Stevensdrake in the Court of Appeal

·        Security for costs & funding – the future market, and positioning and tactics for claimants and defendants

4:45 Finish - drinks reception

 

CPD

The conference is accredited with 5 CPD points (Training reference: 1383).

COSTS

Delegate rate: £175.00 + VAT per delegate

BOOKING DETAILS

Terms and conditions
We reserve the right to vary the content, timetable, location or speakers; or to cancel the seminar totally in which case we will refund any payment made in respect of the cancelled conference. Neither the members of Guildhall Chambers nor the speakers will be liable by reason of breach of contract, negligence or otherwise for any loss or consequential loss incurred by any person acting or omitting to act in reliance upon material or presentation given at or in connection with the event. Please be advised that places are limited so please book early to guarantee a place. The fee for this seminar includes a comprehensive conference folder, lunch and all other refreshments.

Booking terms
Please wait to be invoiced. A VAT invoice will be sent to you on receipt of your booking. All invoices for this seminar must be paid within 30 days of the invoice date. Cheques are made payable to Guildhall Chambers. Unfortunately we are unable to take online payments at this time.

Confirmation of registration
If you have not received confirmation of your registration one week before the conference, please telephone 0117 930 9000 to confirm that your registration form has been received.

Substitute delegates
Substitute delegates will be accepted at any time – please telephone 0117 930 9000 to let us know the name of the substitute.

Cancellation
Provided notice is received at least 48 hours before the seminar, the seminar fee will be refunded less a £20 (+VAT) administration charge.

CPD Accreditation
Under the Law Society’s CPD scheme and the Bar Council’s New and Established Practitioners’ Programme the conference is accredited with 5 CPD points (Training reference:1383). The seminar will also contribute to CPD requirements under the terms of the ICAEW’s CPD policy.

If you have any questions about the seminar, or any other Guildhall Chambers events, please contact the Marketing Team on 0117 930 9000 or seminars@guildhallchambers.co.uk.


Related profiles:
Chris Checketts
Hugh Sims QC
Richard Ascroft
Katie Gibb
Stefan Ramel
Holly Doyle
Simon Passfield
James Hannant
Samuel Parsons
John Churchill


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