Andrew Mace

Insolvency

Featured cases

BV8 Ltd v BV9 Ltd & Ors [2023] EWHC 3048 (Ch) (06 December 2023)
Guidance on appealing the rejection of a proof of debt when the grounds of the proof have changed.

Mizen Design/Build Ltd v Peabody Construction Ltd [2023] EWHC 973 (Ch) (07 April 2023)
CVA challenge upheld on grounds of material irregularity where there are omissions in respect of an estimated outcome statement

Newlon Housing Trust & Anor v Mizen Design/Build Ltd & Ors (Re Mizen Design/Build Ltd and Insolvency Act 1986) [2023] EWHC 127 (Ch) (24 January 2023)
Obligation on proposer of a CVA to ensure adequate information is given in respect of a guarantor’s estimated outcome statement when guarantee stripping is part of the CVA proposals.

Angelic Interiors Ltd (In Administration), Re (Rev1) [2022] EWHC 2974 (Ch) (29 November 2022)
Conflict administrators were successful in opposing the other administrators’ application to dissolve the company. Conflict administrators obtained an order that the company be placed into liquidation with both sets of administrators appointed as joint liquidators. Provides guidance when dealing with competing administrators’ views.

Allen v Hurst & Ors (Re Ann Stephanie Hurst) [2022] EWHC 2649 (Ch) (26 October 2022)
Acted for the Trustee who obtained an order for the setting aside of a declaration of trust and obtained an order for vacant possession and conduct of the sale of the property that had been the subject of the declaration of trust.

Allen v Hurst & Ors [2022] EWHC 2204 (Ch) (26 August 2022)
Acted for the Trustee in Bankruptcy who successfully challenged a declaration of trust which was a transaction defrauding creditors contrary to Section 423 Insolvency Act 1986. The trust had been in place for 13 years at the time of the hearing.

Alenezy v Shergroup Ltd [2022] EWHC 777 (QB) (01 April 2022)
The owner of a bespoke Range Rover successfully obtained indemnity costs and the delivery up of the vehicle from High Court Enforcement officers and their agents who had taken the vehicle despite having evidence that the owner was not the debtor they were pursuing. Continued detention of the vehicle despite the order for delivery up led to the solicitor acting for Shergroup having to explain his actions to the court.

Amicus Finance Plc, Re (Convening judgment) [2021] EWHC 2255 (Ch) (09 August 2021)
A creditor successfully challenged the creditor class composition that had been proposed in the Restructuring Plan and was awarded costs at the convening hearing.

Amicus Finance Plc, Re [2021] EWHC 2340 (Ch) (19 August 2021)
Further guidance on the sanctioning of Restructuring Plans and the first time one was used as an exit route from administration.

Andrew Mackenzie, Julian Pitts (as Joint Administrators of Burningnight Limited and Cornertrack Limited (in administration)) v Crowdstacker Corporate Services Limited [2020] EWHC 2663 (Ch)
A creditor opposed the extension of the period of administration and was successful in having the company placed into compulsory liquidation in order to enable investigations to be undertaken.

Koon v Ltd v Bowes & Ors [2019] EWHC 3455 (Ch) (11 December 2019)
One of the few successful applications under Paragraph 81 of Schedule B1 Insolvency Act 1986 for an order that an administrator’s appointment was to cease to have effect and the company placed into liquidation.

Commercial property

Featured cases

Emirates NBD P.J.S.C v Tavafogh (unreported)
Acted for the defendant who successfully challenged the court’s jurisdiction on forum non conveniens grounds without the need for expert evidence.

HCQ Sarl v Terre Primitive Ltd [2019] EWHC 2556
Guidance on principles applied when seeking to injunct members from placing a company into MVL when there is a dispute as to share ownership.

Publications

Doyle, Keay and Curl: Annotated Insolvency Legislation

Restructuring plans guidance on disclosure and extending timetable for sanction hearing (Re CB&I UK Ltd)
Lexis 1 February 2024 (Subscription required)

Was a petition debt genuinely disputed on substantial grounds? (Re Hall Media Group Ltd)
Lexis 10 January 2024

Inter-partes costs in appeal against decision on proof of debt (Evans v McTeare and others)
Lexis 29 November 2023

Obligation on guarantor to comply with disclosure requirements when seeking to benefit from guarantee stripping (Mizen Design/Build Ltd v Peabody Construction Ltd)
Lexis 5 May 2023

Restructuring & Insolvency analysis: The Court found that administration was not a complete answer to the requirement of condition A for restructuring plans proposed under Part 26A of the Companies Act 2006 (CA 2006). It was also necessary to show that condition A was satisfied on the evidence available. Separate classes were also required for the senior and junior secured debt.Written by Andrew Mace of 9 Stone Buildings who acted for Crowdstacker Corporate Services Limited (Crowdstacker).
Lexis

Paragraph 81 challenge—improper motive ends administration (Re C A & T Developments Ltd) Lexology 27 January 2020

Challenging Administrators: can they ever do any wrong?
[2010] Corporate Rescue and Insolvency August

Qualifications

• 1996 LLB
• 1997 Called (Lincoln’s Inn)
• 1999 Solicitor
• 2007 JIEB
• 2013 Chartered Institute of Arbitrators (CIArb) – Arbitrator; MCIArb

Memberships

• R3: Association of Business Recovery Professionals
• Lincoln’s Inn
• GRRC
• 1994 Erasmus Utrecht University