Eleanor Temple

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Year of Call: 2000

Profile:

Eleanor has developed a strong commercial and chancery practice focusing principally on the areas of insolvency and corporate restructuring, directors' disqualification, company and partnership law, in particular directors' liabilities and shareholders' rights, banking and finance, including recoveries, guarantees and investments, and general commercial disputes. She was described by Chambers UK in 2009 as a "steely advocate who can knock the socks off barristers with many more years of call."  

Eleanor is the Founder and Chairman of the R3 North West Women in Business Recovery Group, a member of the R3 Regional Committee having been appointed in January 2008, and Technical Officer of the R3 Yorkshire Professionals Network.

In 2007, Eleanor was featured in The Times "Future Stars of the Regions" Report with only two other members of the Regional Bar:

Eleanor was appointed as Junior Counsel to the Crown in 2008 and regularly carries out director's disqualification and public interest work.

Eleanor is a contributor to a legal advice column in Horse and Hound magazine concerning contractual and professional negligence issues.

Recommendations include:

Eleanor Temple is "universally liked by solicitors" and an "excellent advocate who is down-to-earth and user-friendly." Her areas of expertise include shareholders' rights, directors' liabilities and banking and finance. She recently successfully represented Whitfield & Brown Development in a successful claim for sums owed under a contract of guarantee relating to the construction of a residential housing development. (Chambers UK 2013)

Eleanor Temple is "fearless" in her cases and "a great advocate." Market observers state that they have "only got praise for her" and comment that she is a "very good junior, who is easy to get on with." (Chambers UK 2013)

Eleanor Temple is "excellent" on asset finance issues, and has incredible depth of knowledge on terms and limitations. She is recommended. (Chambers UK 2013)

Eleanor Temple "shows great flair on her feet and has the ear of the Bench," sources say. She enjoys a well-deserved reputation for her broad-ranging expertise that encompasses insolvency, banking, directors' duties and shareholders' rights. Highlights include acting for the former director of property developer Kevin Linfoot in defending claims amounting to £30 million. (Chambers UK 2012)

Eleanor Temple wins admiration as "a real force to be reckoned with and a hard worker." (Chambers UK 2012)

Eleanor Temple is considered to be "an up-and-coming presence on the circuit." She is "a great cross-examiner, who provides straightforward, clear and concise advice." Her areas of expertise include banking, insolvency and commercial disputes. She has niche expertise in directors' liabilities and minority shareholders' rights. (Chambers UK 2011)

Eleanor Temple is particularly commended for her excellent client care skills. Solicitors report that she "exudes confidence in court and is an incredibly quick thinker." (Chambers UK 2011)

Eleanor Temple has made a name for herself in recent years in chancery, commercial and insolvency cases. She is praised as a "steely advocate who can knock the socks off barristers with many more years of call." (Chambers UK )

Eleanor Temple, who practises on both the Northern and North Eastern circuits...moves up in this year's rankings in recognition of her growing reputation, which is founded on her "tenacious advocacy, enthusiasm and impressive technical skills." Her practice is centred on corporate insolvency, with restructuring, directors' disqualifications, shareholder disputes and administrations all noted areas of expertise. (Chambers UK )

The "highly intelligent" Eleanor Temple takes on an impressive and eclectic mix of chancery, commercial and insolvency work. With her "natural commercial instinct and excellent manner," she recently appeared in Wood v Wood, Re Country Style Foods Limited, which involved a Section 459 petition and shareholder dispute. She also advised...on the highly publicised 'knicker-burning case'. Sources tout her as a future star of the Bar. (Chambers UK )

Eleanor Temple is highly rated for her commitment to insolvency...she is developing an excellent reputation as "congenial yet assertive." Her caseload encompasses insolvency and corporate restructuring, including directors' disqualification and shareholder disputes." (Chambers UK )

"She applies her weighty experience of the law to her courtroom battles, where she is noted as a strong performer."  (Chambers UK)

Eleanor Temple is "recommended for Insolvency and Commercial disputes" Legal 500

Kings Chambers' Eleanor Temple is "exceptionally good in and out of court "  Legal 500

"Eleanor Temple's combination of an easygoing personality with a steely professional determination and sharp intellect has seen the 30-year old chancery specialist nicknamed the "smiling assassin" by fellow barristers on the northern circuit." (The Times 'Future stars of the regions' report)

Eleanor Temple is advancing quickly; she appeared for the liquidator in the Court of Appeal case of Whitehouse v Wilson (Liquidator of Vol-Mec Ltd) & Munro in 2006.  (Legal 500)

"certainly busts a gut in cases" (Chambers UK )

"In court, she is bullish but out of court, clients find her user firendly and approachable" (Chambers UK 2007)

 

Banking:

Eleanor regularly undertakes work for and against banks on all aspects of secured and unsecured lending (including mortgages and guarantees) finance litigation (including asset finance disputes and recoveries) and financial services litigation.

Notable cases include:

Vasdev v Royal London Mutual Insurance Society Limited [2010] - Eleanor successfully defended a claim against Royal London Mutual Insurance Society for breach of an investment contract and a claim to a new contract post maturity of the policy.

Secretary of State for Business, Innovation and Skills -v- Potter, Potter & Johnson [2010] - acted for S of S in securing 12 year disqualification orders in case involving breach of Financial Services and Markets Act 2000 and use of overseas "boiler rooms".

Bank of Ireland & Lombard Plc v Simon Morris [2009] - Eleanor  acted for the Bank of Ireland and Lombard Plc against by Mr Morris in opposing an application for an interim order, a proposal for an individual voluntary arrangement, and ultimately in securing a Bankruptcy Order against Mr Morris in respect of personal debts in excess of £5 million

Allerway Leisure Group Limited v Barclays Bank [2009] - Eleanor acted for the directors and shareholders of a leisure group valued at £30 million in respect of an allegation that the Bank had acted as a shadow director in controlling the actions of the directors and the companies within the group in the run up to an Administration.

Clydesdale Bank t/a Yorkshire Bank v Lorraine Boyd [2009] - Eleanor successfully acted for the Bank on an a large guarantee claim where the Defendant claimed not to have knowledge of the nature of the Company's business and where she denied having an interest in property which had been charged with the liability due under the guarantee. When traditional handwriting evidence proved inconclusive, the Bank opted to make use of carbon dating in the United States of America in order to date the ink on a deed of trust in order to determine the authenticity and date of the trust deed. This was the first time the Bank had engaged in such forensic examination.

Coutts & Co & Anor v Nabeel Chowdry [2009] - Eleanor acted for Mr Chowdry on a claim by Coutts & Co in respect of a payment made by Coutts to a Casino for £1.5 million. Mr Chowdry's defence to the claim for payment by Coutts & Co was that he had reached an oral agreement with Coutts & Co that they would not permit him to become overdrawn on his Coutts account.

National Westminster Bank plc -v- Patel [2004] All ER (D) 429 - mortgage possession action involving a failed voluntary arrangement and the setting aside of a legal charge.

 

Company:

Eleanor specialises in shareholder disputes; share and asset purchase agreements (especially warranty claims and other acquisition disputes); directors' and employees' duties (including confidential information and data protection, enforcement of restrictive covenants) and public interest investigations and winding-up. 

Her significant recent cases include:

Secretary of State for Business, Innovation and Skills v Potter, Potter and Johnson [2010] - successfully acted for the Secretary of State in securing disqualification orders for a period of 12 years in a case involving breach of the Financial Services and Markets Act 2000 and the use of overseas boiler rooms to sell shares to members of the public.

 

Dispute Resolution:

Eleanor undertakes advisory and advocacy work in connection with a wide range of commercial and chancery disputes including agency and distribution disputes, commercial contracts; commercial fraud; sale and supply of goods and services and e-commerce disputes; joint ventures; shareholder disputes; share and asset purchase agreements (especially warranty claims and other acquisition disputes); directors' and employees' duties (including confidential information and data protection, enforcement of restrictive covenants) and all procedural aspects of the CPR, evidence and costs. Eleanor has significant experience in urgent, interim applications including delivery up, freezing and search and seizure and ancillary orders. 

Eleanor is acknowledged as a leading junior in this area by the legal directories.

Important cases include:

Rawnsley and another v Weatherall Green & Smith North Ltd and another [2010] 1 BCLC 658, [2010] BPIR 449.

Coutts & Co & Anor v Nabeel Chowdry [2009]

Leeds City Council v Cockerham [2009]
Barlow -v- Bowden [2006] 4 HLR 10 -

St. George Smith -v- Lingard [2006] 4 HLR 3 -

Nolan -v- Devenport [2006] All ER (D) 83,

Eleanor is a contributor to a legal advice column in Horse and Hound magazine concerning contractual and professional negligence issues.

 

Finance:

Eleanor undertakes work in banking, finance and consumer credit and specialises in work for and against banks and financial institutions on all aspects of secured and unsecured lending (including mortgages and guarantees) finance litigation and financial services litigation.

Recent cases:

SSTI v Potter, Potter and Johnson [2010] successfully acted for the Secretary of State in securing disqualification orders for a period of 12 years in a case involving breach of the Financial Services and Markets Act 2000 and the use of overseas boiler rooms to sell shares to members of the public.

Vasdev -v- Royal London Mutual Insurance Society Ltd [2010] Successfully defending a claim against Royal London Mutual Insurance Society for breach of investment contract

 

Insolvency:

Eleanor's practice incorporates all aspects of international and domestic personal and corporate insolvency and restructuring (for office holders and individuals/companies), including administrations, voluntary arrangements, liquidations, bankruptcy, wrongful and fraudulent trading, misfeasance, preferences, transactions at an undervalue, cross-border insolvency, employment and pensions issues and directors' disqualification. 

Recently, Eleanor's clients have included the administrators of Farsley Celtic 1908 Limited and the creditors of George Alan O'Dowd.

Eleanor has been acknowledged as a leading junior in this area by the legal directories since 2005.

Significant cases include:

People's Phone Limited v Theophilos Nicolaou [2011] EWHC 1129 (Ch)

Rawnsley and another v Weatherall Green & Smith North Ltd and another [2010] 1 BCLC 658, [2010] BPIR 449

Parveen v Manchester City Council and Hellard [2010] BPIR 152 -Bank of Ireland & Lombard Plc v Simon Morris [2009] - Eleanor  acted for the Bank of Ireland and Lombard Plc against by Mr Morris in opposing his application for an interim order, his proposal for a voluntary arrangement, and  ultimately in securing a Bankruptcy Order in respect of personal debts in excess of £5 million

Denise Stephenson & Bradford Independent Healthcare v HM Revenue & Customs [2009], Lewison J (Ch)

Coutts & Co & Anor v Nabeel Chowdry [2009] - application to set aside a statutory demand made by Coutts & Co in respect of a payment made by Coutts to a Casino for £1.5 million.

The Oracle (North West) Limited v Pinnacle Services (UK) Limited (Patten J) [2009] BCC 360, [2008] All ER (D) 77 (Sep), [2008] EWHC 1920

Steven Williams (Trustee in Bankruptcy of Mr White) v White (2007) WL 2573816 - In the matter of Hawkes Hill Publishing Company Limited (in Liquidation) Ward v Perks and Drinkwater (Lewison J) [2007] B.C.C. 937; [2007] B.P.I.R. 1305, (2007) 151 Sol Jo LB 743, [2007] ALL ER (D) 422

Whitehouse -v- Wilson (Liquidator of Vol-Mec Ltd) & Munro , Court of Appeal [2007] B.C.C. 595; [2007] B.P.I.R. 230; (2007) 104(1) L.S.G. 11, [2006] All ER (D) 93

 

Partnership and LLPs:

Eleanor undertakes partnership and LLP work especially concerning professional practices such as solicitors, accountants, chartered surveyors, medical practitioners and veterinary surgeons.

Recent cases:

Bradford Independent Healthcare [2009] (Lewison J)- Successfully acted for a large Nursing Home Group in order to restructure the group and to achieve a sale of some of the assets of the business to Elder Care Holmes though an Administration.

 Dr Christine Margaret Thomas v James Patrick Kingsland & Others [2009]  Partnership dispute with the partners of a Liverpool medical practice

Wood v Wood, Re Country Style Foods Limited [2008] - Section 459 petition and shareholder dispute.

 

Professional Negligence:

Eleanor undertakes professional negligence work, in particular professional negligence involving insolvency matters, disciplinary tribunal work on behalf of insolvency practitioners, and veterinary negligence.

Notable cases:

St. George Smith -v- Lingard [2006] 4 HLR 3

 

Publications:

Misfeasance:Shadow Director Versus De Facto Director, Insolvency Intelligence 11/02/2011, 44, (2011) 24 Ins. Int. 4

Family Law and Bankruptcy Update, Insolvency Intelligence 11/02/2011, 39,  
(2011) 24 Ins. Int. 1

MEN Article - June 20 2011, R3 event

Equine Law: Taking the reins (2008) LS Gaz, 7 Aug, 14

 

Conferences:

Eleanor contributes regularly to legal and professional conferences and seminars.  Recent conference papers include:

"Tactics on Disclosure and Requests for Further Information" - seminar for Chadwick Lawrence

"Section 256 IA 1986 - Discharge of Interim Orders and Replacement of the Nominee" (May 2010)

"Bankruptcy Litigation & Costs" - seminar to R3 Regional Meeting (April 2010);

"Schedule B1 Administrations: An Update" - Insolvency UK Network Conference (March 2009).

 

Career & Education:      

University:              St Johns College, University of Durham

Degree:                  1^st  Class (Hons) Law

Prizes:                   Reginald Prize, Gerrard Rawnsley Prize, R.K.Vanham Prize,
                             Outstanding Achievement Prize (Overall results)

                             Inner Temple Major Scholarship
                             Duke of Edinburgh Entrance Scholarship

Year of Call:           2000  (Inner Temple)

Other:  

Direct Professional Access:          Yes

Direct Public Access:                   Yes

 

Memberships:

New York City Bar Association
R3 North West Committee Member
R3 (Full member)
R3 YPN (Yorkshire) Technical Officer
R3 (North West) Women in Business Recovery Chairwoman
Insolvency Lawyers' Association (Full member)
Chancery Bar Association
Northern Chancery Bar Association
Northern Circuit Commercial Bar Association
EQLA
North Eastern Circuit

Panels:
Junior Counsel to the Crown (Provincial Panel)