John McCarthy

My Approach

I take a robust approach to advance my clients case whether resolving the issues by alternative dispute resolution or proceedings. In each case I use my technical knowledge and experience to seek the best pragmatic and commercial outcome.

Area of Expertise

I have extensive experience in the field of Insolvency and real estate dispute resolution. I started my career in London and have practiced in a top 55 city law firm, as well as being a partner in a boutique law firm specialising in these areas.

In relation to insolvency matters I act for insolvency practitioners, receivers, directors, funders, financial institutions, creditors, and debtors.

For real estate disputes I act for high net worth individuals, companies, financial institutions, managing agents, developers, tribunal appointed managers, commercial and residential landlords/owners/tenants/occupiers.

As well as undertaking advisory work and resolving matters by alternative dispute resolution I act for clients in proceedings in the County Court, High Court, Court of Appeal and Tribunals.

Insolvency
I act in relation to liquidations, bankruptcy, administrations, director disqualification, voluntary arrangements, and restructuring issues.

Examples of Cases

• Acting for administrators during their 4 year appointment over a property company with 800 commercial and residential interests.
• Acting for trustee in bankruptcy in relation to obtaining injunctive relief and pursuing claims against debtors.
• Acting for liquidators in relation to claims against directors and connected parties.

Previous External Appointment
Appointed technical checker for the 2012 Liquidation manual for a major course provider preparing lawyers and accountants for the Insolvency Practitioner Examinations

Real Estate Disputes
I act in relation to business lease renewals, dilapidations claims, breach of covenants, service charge disputes, forfeiture, break claims, boundary issues, restrictive covenants, enforcement of security, possession actions, easements, property management issues, trespass, property related insolvency, and tribunal applications. In addition, I am a member of the Property Litigation Association.

Examples of Cases

• Acting for Tribunal appointed manager in complex proceedings in relation to a high class residential block requiring urgent works.
• Acting for commercial tenant in defending opposed lease renewal proceedings under grounds (b) and (c) of the Landlord and Tenant Act 1954
• Acting for residential landlord in heavily contested service charge claim, and subsequent appeal

Professional Associations & Qualifications

• Previous External Appointment: Elected Chair of the Admissions and Licensing Committee of a legal regulator