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Caroline Palacio
Contact Details

Caroline Palacio

Commercial Disputes , Crime , Dispute Resolution , Insolvency , Specialist Sectors

My Approach

My clients are frequently involved in disputes and investigations with both civil and criminal elements. I aim to provide practical and commercial advice and to ensure that clients can make informed choices based on a thorough analysis of the evidence and understanding of their position. I appreciate that the attention of a government agency can cause considerable anxiety and I endeavour to respond to enquiries promptly and keep clients informed of any developments.

Areas Of Expertise

My practice is split between commercial dispute resolution, regulatory and criminal law and insolvency, including:

Commercial Litigation

  • Contract and debt recovery disputes
  • Professional negligence
  • Banking and Finance litigation in particular mis-selling claims

Regulatory and Criminal Law

  • Disputes with HMRC concerning demands for payment of tax and penalties, including arranging appeals to the First Tier Tribunal (Tax Chamber)
  • Investigations and interviews under caution with HMRC, Local Authorities, Official Receiver, Trading Standards, Coastguard and Maritime Agency, Border Force and Police
  • Advocacy and defending prosecutions brought by the CPS, Insolvency Service and Local Authorities
  • Noise abatement notices, food hygiene,
  • Fraud and Financial Crime
  • Disputes with Border Force concerning seized goods including making restoration requests and issuing condemnation proceedings
  • General crime including all types of motoring offences, burglary and theft, domestic violence offences

Insolvency Law

  • Advice to directors of companies in financial difficulties
  • Disqualification proceedings pursuant to the Company Directors Disqualification Act
  • Applications to Court pursuant to the Insolvency Act 1986 including for re-use of a company name
  • Advising insolvency practitioners on the validity of appointment and technical issues
  • Insolvency claims against companies and directors including preference, misfeasance, transactions at an undervalue, illegal dividends, wrongful and fraudulent trading and avoidance of floating charges
  • Winding up and bankruptcy petitions
  • Advice regarding inclusion on the Individual Insolvency Register
  • Advice to creditors of companies facing insolvency proceedings

Recent Work Includes

Representing a nightclub in a successful appeal against a noise abatement notice and securing a substantial costs order against the Local Authority at the Crown Court which was upheld in Judicial Review proceedings in the Administrative Court.

Obtaining the release of a cargo of wine and transport following a successful restoration request to Border Force on behalf of a wine importer.

Securing the dismissal of a winding up petition against a sole trader in respect of a creditor’s petition for a substantial debt owed to HMRC.

Representing a company and its director on a second prosecution for trading whilst subject to an unpaid HMRC security requirement and obtaining a favourable outcome.

Advising the directors of a restaurant chain in interviews under caution in respect of alleged VAT offences which resulted in no further action being taken.

Experience, Professional Associations & Qualifications

  • Qualified as a solicitor in October 1990
  • LLB (Hons) Law Degree from University of Leicester and LLM in Commercial Law from University of Bristol
  • Solicitors Final Examination from College of Law Chester
  • Joint Insolvency Examination Board
  • Member of the Association of Business Recovery Professionals (R3)
  • Member of the Association of Regulatory and Disciplinary Lawyers
  • Law Society Criminal Accreditation Scheme
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