I aim to provide my clients with clear and prompt advice on their options and on what I consider to be the best way forward, at every stage of a matter.
Throughout a dispute, I will always seek to narrow and simplify its issues and endeavour to keep to them. I also keep my client’s ultimate aims firmly in mind, with a view of achieving the best possible outcome.
Areas of Expertise
I specialise in insolvency matters concerning both individuals and companies. I regularly act in the following:-
Individual & Company
- Advise clients in financial difficulty, including on their duties to creditors and on restructuring affairs.
- Advise on the options available to clients that are insolvent or likely to be insolvent.
- Advise on actions taken by creditors, liquidators or the Official Receiver.
- Assist with Statutory Demands, including applying to set them aside.
- Assist with defending and resolving bankruptcy and winding up proceedings.
- Assist with setting aside (annulment/rescind) Bankruptcy and Winding Up Orders.
- Dispute underlying debts and make any counterclaims or set offs available.
- Advise on the effects of Bankruptcy and Winding Up Orders, including on duties and responsibilities.
Insolvency Claims against companies and directors
- Transactions at an undervalue
- Transactions defrauding creditors
- Misfeasance (breach of duty/negligence)
- Avoidance of floating charges
- Wrongful and fraudulent trading
- Illegal dividends
- Winding up and bankruptcy petitions
- Disputes with an international element
Directors and Disqualification
- Advise directors on the personal claims they may face following the insolvency of a company
- Act for directors in disqualification proceedings.
- Advise directors on their duties and responsibilities following disqualification.
I also specialise in commercial litigation, often concerning an international element, including:-
- Contractual disputes. E.g. breach of contract.
- Consumer rights and consumer credit/finance. E.g. disputes concerning the sale and supply of goods and services and consumer financial agreements, including misrepresentation and retention of title.
- Corporate and Partnership Disputes. E.g. internal disputes between directors, shareholders and or partners, including derivative actions, breach of directors duties and unfair prejudice claims.
- Defamation. E.g. making or defending claims concerning libel or slander.
- Property. E.g. breaches of lease and matters concerning declarations as to ownership and the forced sale of properties under the Trusts of Land Act (TOLATA).
- Professional negligence. E.g. negligent advice or actions (including fraud) of a professional.
- Enforcement of Judgments. E.g. successful claimants (judgment creditors) seeking to enforce a judgment against defendants (judgment debtors), often with an international element.
- Debt Recovery. E.g. creditors seeking to recover monies owed by debtors. My insolvency experience assists with this specialism, which often also concerns international parties or debts.
I also specialise in tax disputes. I assist with the following matters:-
- Advise on potential grounds of appealing tax.
- Enter into negotiations on behalf of clients with HM Revenue & Customs regarding tax demands.
- Arranging the appeal of tax demands with HM Revenue & Customs.
- Arranging appeal notices of tax demands to be filed at the First Tier Tribunal (Tax Chamber).
- Seeking settlement with HM Revenue & Customs.
- Advising clients who cannot pay tax liabilities on the options available to them.
Contentious Trusts & Probate
I also specialise deal with contentious trusts and probate matters. This includes:-
- Making and defending claims under the Inheritance (Provisions for Family and Dependents) Act 1975.
- Challenging and defending the validity of a Will.
- Bringing and defending lack of capacity claims.
- Bringing and defending breach of trust claims.
- Acting against and on behalf of executors in regards to the administration of estates.
- Advising persons making a Will who are concerned about it being challenged at a later date.
- Applying for or defending an application to make a statutory Will.
- Challenging or defending the way in which an estate is being administered.
Recent Work Includes
Examples of recent cases include:
- Acted for partners of a partnership against a fellow partner regarding a breach of contract. Following a 3 day trial, my clients were awarded a six figure sum and costs.
- Acted for a property company in a derivative action against a director regarding breach of duty and negligence. The case settled at mediation on favourable terms.
- Acted on behalf of a lender in regard to a consumer finance dispute. Achieved a settlement at mediation resulting in the entire loaned sum being recovered and costs.
- Defended winding up proceedings against a company concerning sums in excess of £2.5m.
Issued a claim against a director of an insolvent company, who resided outside of the UK, for misfeasance, wrongful trading and unlawful dividend payments.
- Appealed a tax liability in excess of £2m on behalf of a company.
- Acted for a claimant in a negligence claim against a bank and firm of solicitors, concerning fraud. The matter settled for a six figure sum.
- Acted for a claimant in High Court proceedings against a public body concerning defamatory comments made about my client. A favourable settlement was achieved.
- Acted for a claimant in proceedings concerning the forced sale of a property portfolio. Achieved a settlement whereby the defendant purchased all properties and paid costs.
- Acting in the recovery of unpaid invoices against a debtor that resides abroad.
- Acted in the enforcement of a foreign Judgment for payment of circa €450,000.
- Acted for an executor of an estate regarding a claim for repayment of a six figure sum from a beneficiary of a Will. Obtained judgment for the full amount sought and costs.
Experience, Professional Associations and Qualifications
- Qualified as a solicitor in February 2015.
- Awarded an Academic Scholarship to read Law at the University of Bournemouth.
- LLB (Hons) Law Degree from the University of Bournemouth (Class 2i).
- Post Graduate Diploma in Legal Practice from the University of Bournemouth (Distinction).
- Professional Certificate in Insolvency Litigation.
- ACTAPS (Association of Contentious Trust & Probate Solicitors - Student Member)
- Recommended Department by The Legal 500 (UK 2018) for Commercial Litigation - with Carl being described as ‘making a name for himself in insolvency and tax litigation’
- Recommended Lawyer by The Legal 500 (UK 2017) for Commercial Litigation.
- Recommended Department by The Legal 500 (UK 2016) for Commercial Litigation.
- Recommended Department by The Legal 500 (UK 2016) for Contentious Trusts and Probate - being described as 'Streets ahead'.