Overview
Birgitta is very experienced in the field of chancery/commercial, with long-standing particular expertise in insolvency. Usually acting as sole counsel, comfortable acting for professional clients, individuals and/or companies, Birgitta is a “safe pair of hands”, a persuasive advocate, an excellent and thorough barrister, with a great manner with clients and enjoyable to work with. She is a good choice for complex cases and is qualified to accept instructions on a direct access basis.
Birgitta’s practice covers 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, directors’ disqualification proceedings and claims against office-holders. She also regularly deals with disputes between shareholders and issues regarding the duties of directors of companies.
Insolvency
2024:
- Acting for the assignee pursuing application under s.238 IA 1986 to set aside a charge as a preference
- Advising whether third party holds benefit of contract on trust for assignor company where assignment of contract by director said to have been in breach of duty
- Acting for bankrupt re urgent application for annulment under s.282(1)(b) IA 1986
- Advising creditor re prospects of defending application for injunction to restrain winding up petition
- Advice to debtor re historic claim by trustee in bankruptcy to pension
2023:
- Advising office-holder re duties and appropriate steps to take within administration with prospect of rescue
- Acting for professional clients applying to set aside statutory demand served by former colleague – claim to an account
- Advising former directors defending claims in deceit, fraudulent trading
- Acting for assignee of claims against former directors for breach of duty, transaction at undervalue, preference
- Advising defendants to claims under s.339, s.340 and s.423 IA 1986
- Acting for defendants to claims under s.212 IA 1986 and in respect of dividends alleged to have been paid in breach of s847 Companies Act 2006
- Advising re limitation issues under s.21 Limitation Act 1980
2022:
- Acting for administrators applying for directions as to whether they should call a meeting of creditors for their removal in favour of IPs chosen by the company’s main creditor whose claim for protected rent the company wished to refer to arbitration
- Advising whether appointment of administrators valid
- Acting for firm faced with statutory demand served by solicitor formerly a partner in the firm who claimed to have been an employee
- Advising creditor whether the taking of security over a property owned by a debtor who subsequently was adjudicated bankrupt constitutes a preference
- Advising directors of company limited by guarantee facing potential insolvency as to their duties as directors, potential options, conflicts of interest
- Acting for respondents to claim by liquidators for repayment of dividends and to set aside alleged transaction at undervalue, including limitation defences
- Acting for respondent to application for injunction to restrain presentation of petition re energy sector debt
- Advice re IVA mis-selling
2021:
- Acting for energy sector creditor against company seeking to restrain presentation of winding up petition on grounds that debt allegedly disputed and/or coronavirus test not met
- Acting for company re whether coronavirus test met
- Advising directors alleged to have acted in breach of duty at a time when the interests of creditors were alleged by liquidators to have been paramount. Evaluation of financial position of company and decision of directors to continue to trade despite trading losses and contingent liabilities
- Acting for trustee in bankruptcy re claim to set aside voidable preference and/or transaction at undervalue and/or agreement in breach of FSMA 2000. Successful settlement
- Advising liquidators re claim against directors for secret profit and/or breach of duty
- Advising direct access client and drafting letter in response to claims by liquidator that breaches of duty as director, alleged secret prof
2020:
- Advice whether application for administration order appropriat
- Advice re challenge to appointment of trustee in bankruptcy
- Trial re set-aside of IVA for material non-disclosur
2019:
- Appointment of provisional liquidators over a company subject to a shareholders’ dispute
- Jurisdiction re bankruptcy petition, COMI
- Defence to application to restrain presentation of petition against firm of solicitors
- Validation of administration despite defective appointment
- Advice re potentially solvent estate in bankruptcy
- Effect of CVA upon claim upon liquidation
- Trial re wrongful trading and misfeasance
2018:
- Creditor’s administration application opposed by company
- Creditor’s administration application opposed director/shareholder
- Directors’ defence to liquidator’s claim to unlawful dividends
- Effect of bankruptcy and limits of the trustee in bankruptcy’s right to seek information from third parties
- Disputed winding up petition, validation order
- Preference, whether associated parties, merits of claim in light of burden of proof
- Substituted creditor seeking winding up when Court’s jurisdiction disputed
- 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
Company & Partnerships
2024:
- Acting for assignee pursuing claims that the sale of a company’s property was in contravention of s.190 Companies Act 2006, claims in respect of alleged breach of duties by the director to the company and regarding the “knowing receipt” of property by a third party. Duomatic defence raised and application for relief under s.1157 CA 2006
2023:
- Acting for s.994 petitioners leading to success at mediation
- Acting for defendant to s.994 petition
2022:
- Acting for defendant to s.994 petition
- Acting for minority shareholders in s.994 petition
- Advice regarding ownership of shares in company limited by guarantee
- Acting for petitioner seeking just and equitable winding up
- Advice to director in fintech company as to effect on ownership of shares in the event of resignation/ dismissal in the light of provisions in shareholders’ agreement
2021:
- Acting for s.994 petitioner, exclusion of shareholder from management decisions in quasi-partnership, allegations of breach of duty by director, appropriate valuation to be placed on the shares in the circumstances
- Acting for s.994 petitioner in fintech company
2020:
- Shareholders’ dispute, s994 petition, valuation of shares, successful settlement
- Advice re exercise by board of directors of powers for improper purpose
Commercial property
2024:
- Defending professional clients in contractual dispute
- Defence to alleged deceit/ fraudulent representation claims
- Acting for intervenor in family proceedings claiming proprietary interest in matrimonial home
- Advising on prospects of obtaining interim mandatory proprietary injunction
- Acting for Defendant to fraud claim/ breach of duty as trustee
2022:
- Acting for defendant to claim for sums due under loan agreement – should they be reduced pursuant to s.140A or 140B Consumer Credit Act 1974
- Acting for claimant seeking sums outstanding under share purchase agreement
2021:
- Acting for Claimant under sale and supply of services agreement claiming sums following termination of contract.
- Question of construction of contractual clause. Successful settlement.
- Acting for direct access client re dispute between solicitors as to entitlement to fees
- Acting for Claimant in defence to app to set aside judgment. Energy sector
- Application for relief from sanctions where delay due to Covid-19
2020:
- App for specific disclosure of confidential document containing terms of settlement between B and C
- Re a hotel group – whether bank in breach of contract/ exercise of power to put company into GRG not for proper purpose
- Trial re import of pomegranates on FOB terms
- Whether group of properties held on resulting trust, Inheritance Act claims
Featured 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
Qualifications
- Bar School (1991-92)
- University of Cambridge, Newnham College (1988-1991)
- Edgbaston High School for Girls (1981-1988)
