Louis Doyle

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Year of Call: 1996

Practice:

Exclusively commercial chancery with a particular emphasis on insolvency, company law and commercial litigation, especially shareholder, director and financial disputes. 

Profile:

Louis' busy and eclectic practice encompasses all aspects of the above areas and extends to both contentious and non-contentious insolvency work, contractual and commercial disputes, capital reconstructions, contributories’ unfair prejudice petitions and shareholder disputes, directors duties and director disqualification, fiduciary, trust and restitutionary claims, injunctions, interim and equitable remedies (including freezing and search orders), banking and security law (including guarantees and recoveries) and partnerships. He also has experience in professional negligence work relating to the above, disciplinary tribunal work on behalf of insolvency practitioners, regulatory appeal work within his practice area, arbitration, mediation and Treasury work.  Louis is used to advising clients and dealing with court applications at very short notice. 

Louis’ recent clients have included the administrators of a number of Football League clubs and several high profile companies, banks, secondary lenders, high net worth individuals and numerous insolvency practitioners, creditors and debtors, including at least one bankrupt celebrity.

Louis is co-author (with Professor Andrew Keay and Professor Gerard McCormack) of Insolvency Legislation: Annotations and Commentary (3rd edn, 2009, Jordans), a leading guide to the insolvency legislation. The text has been approved of in a number of recent High Court cases. The fourth edition of the book is presently in production for release later in 2011 with a fifth edition currently planned for 2012 to take account of what are likely to be the substantive amendments to the Insolvency Rules, together with other developments in the interim. Louis’ commitment to the demands of the publication, which he undertakes in his own time, reflects his interest in the workings and development of insolvency law generally.

In 2011 Louis was appointed a contributing editor to the leading looseleaf Gore-Browne on Companies with primary responsibility for Chapter 58 (Liquidators and Collection of Assets) and Chapter 60 (Application of Funds and Dissolution).

Louis is also the author of two other books, Administrative Receivership: Law and Practice (1995, Sweet & Maxwell) and Insolvency Litigation (1998, Sweet & Maxwell, the publishers having recently requested a new edition).  In 2010 he edited and contributed to the second edition of Company Voluntary Arrangements and Administrations (Jordans, with G Weisgard and M Griffiths).  Previously he sat on the editorial boards of Insolvency Intelligence and The Insolvency Lawyer. 

Outside of work and his family, and time permitting, Louis' interests include Liverpool Football Club, attempting to keep fit, Stainland Lions Running Club, 4^th (Volunteer) Battalion, The Parachute Regiment, literature, the Cormac McCarthy association and food and drink.

Significant Reported Cases:

Re A Block Transfer Order by Kaye [2010] BPIR 602 (block transfer of large number of IVAs; expenses of creditors’ meeting and associated formalities; jurisdiction of court to interfere with approved arrangements where costs caps met)

Re Power Builders (Surrey) Ltd [2009] I BCLC 250 (Lewison J; creditors' meetings; liquidation; proof of debt; voting rights; proper approach to admission of proofs under r.4.70 and equivalent provisions)

Revenue and Customs Commissioners v Cassells [2009] BPIR 284 (annulment; discretionary powers in annulling under s.282 and reviewing under s.375)

Simpson v Bowker [2008] BCC 781; [2007] Costs LR 850 (Court of Appeal; creditor claims; company voluntary arrangements; costs; debtors; fees; funding arrangements)

Stanley J Holmes & Sons Ltd v Davenham Trust plc [2007] BCC 485 (Court of Appeal; administration; proper basis for valuation of third party hp goods on application for sale by administrators under Schedule B1, para 71)

Kingsley IT Consulting Ltd v McIntosh [2006] BCC 875 (directors' duties; secret profits; quantification of director's liability to account to complainant company)

Smurthwaite v Simpson-Smith [2006] All ER (D) 368 (IVA; meaning of "reputed wife"; treatment of creditor by chairman; setting aside of arrangement; personal costs liability of office-holder)

Re Ultramotorhomes International Limited [2006} All ER (D) 227 (Patten J; EC Regulation; applicable law; proper construction of CVA; effect of German security; delivery up of arrangement assets)

Akhtar v Rafiq [2006] I FLR 27 (Bodey J; appearing for the Crown (Queen's Proctor); effect of fraud/defective service in Middle East on court process) 

Oakley v Ultra Vehicle Design Ltd (In Liquidation) [2006] BCC 57; noted also at [2005] IL4P 55  (Lloyd J; appropriate jurisdiction; conflict of law; EC Regulation; English court to deal with dispute subject to German law)

Rio Properties Inc v Amer Mouaffac Al-Midani [2003] BPIR 128 (bankruptcy; whether $2.8m gaming debt incurred in US capable of founding English bankruptcy petition)

Commissioners of Customs & Excise v Allen [2003] The Times, 20 March (first reported disputed block transfer order)

Palgrave Brown v Stinnes Logistics AG [2002] All ER (D) 241 (Court of Appeal; interpretation of contractual agreement; liability of vendor to meet due diligence costs of prospective purchaser)

Doyle v Saville [2002] BPIR 947 (successful appeal to High Court against findings of transactions-at-undervalue and preferences)

Re Salmet International Ltd (in administration) [2001] BCC 796 (Blackburne J; ranking of office-holder's remuneration as expense in administration where shortfall)

Industrial Diseases Compensation Ltd v Marrons [2001] BPIR 601 (charging orders; setting aside; scope of CPR r.40.9)

Harris v Gross [2001] BPIR 586 (IVAs; standing of supervisor to petition for bankruptcy after expiration of fixed term arrangements)

Re Julie O Sullivan [2001] BPIR 534 (jurisdiction of court to interfere with nominee's fee as fixed by creditors)

Fuller v Cyracuse [2001] 1 BCLC 187 (striking out just and equitable winding-up petition in the face of complex offer to buy-out petitioner)

Cork v Rawlins [2001] 3 WLR 300, CA (Court of Appeal; bankruptcy; vesting of contractual claim)

Ord v Upton [2000] Ch 352 [2000] 2 WLR 755, CA (Court of Appeal; bankruptcy; nature of cause of action; vesting of personal injury claim)

Lombard North Central plc v Brook [1999] BPIR 710 (CVA; liquidated damages/penalty clause; treatment of creditor for voting purposes)

National Westminster Bank plc v Caldeira [1999] CLY 3225 (bankruptcy; charging orders)

Kelly v Pilgrim [1998] CLY 399 (automatic directions; joinder)

Publications:

In addition to the books detailed above Louis has written various articles on his areas of interest.  These include:

Brook of Rules: COMI and recent cross-border insolvency developments - The Lawyer, 21 Sep 2009

Bankruptcy and matrimonial ancillary relief orders - Insolv. L. 1999, 7 (Dec), 296-300

Administration: can a landlord forfeit a lease by peaceable re-entry? - Insolv. L. 1999, 4(Jun), 167-168

A practitioner's guide to bills of sale - Insolv. Int. 1998, 11(1), 6-7

Amendments to voluntary arrangements: A response - Insolv. Int. 1997, 10(8), 60-61

The receiver's duties on a sale of charged assets - Insolv. Int. 1997, 10(2), 9-11 

Varying preferential rights in a voluntary arrangement - Insolv. L. 1997, 20(Jul), 3-5

Preferences: a question of desire - Insolv. L. & P. 1997, 2(3), 10

Bank investigations: some practical observations - Insolv. L. & P. 1997, 2(2), 10-12

Set-off and counterclaim on summary judgment applications - Litigator 1997, Sep, 315-319

Misfeasance proceedings in insolvency litigation: Parts 1 & 2 - Litigator 1997, Mar, 137-141, Jan 48-56

Set-off or counterclaim? - S.J. 1997, 141 (14), 326-327

The spouse's equity of exoneration - S.J. 1997, 141(10), 230-231

Change in the wind on common law defective-prospectus liability - Comp. Law. 1996, 17(9), 279-281

The residual status of directors in receivership - Comp. Law. 1996, 17(5), 131-138

Ten years of wrongful trading - Insolv. L. 1996, 18(Oct), 10-15

Funding the action: maintenance, champerty and conditional fee agreements - Insolv. L. & P. 1996, 1(4), 3-10

The receiver as trespasser - I.L. & P. 1995, 11(4), 107-111

The continuing problem of the independent pension trustee - P.L.C. 1995, 9(Oct), 1-3

Borrowing under the influence - Bus. L.R. 1994, 15(1), 6-8

Contemporaneous administrative receivership and liquidation, subordination and subrogation: a practical approach to problems with preferential and office holder entitlements - I.L. & P. 1994, 10(5), 134-142

The insolvent company's pension scheme: pitfalls for the office holder - Insolv. L. 1993, 9(Oct), 2-5

The preferential subscription rights of equity shareholders - Lit. 1993, 13(2), 54-60

Company administration: the role of the company secretary - Bus. L.R. 1992, 13(11), 263-264,281-282

Financial services: recouping loss under the Act - Bus. L.R. 1992, 13(4), 87-88

Anomalies in the wrongful trading provisions - Comp. Law. 1992, 13(5), 96-99

Company directors: insuring against personal liability - S.J. 1992, 136(1), 16-17

Index betting: gaming contract or investment? - N.L.J. 1991, 141(6533), 1746-1747

Hello DOLI: defining the scope of directors' indemnity insurance - S.J. 1991, 135(33), 957, 959

Insolvency, directors and asset stripping - S.J. 1991, 135(30), 868

A note on trustee investment - Tru. L.I. 1991, 5(4), 138-142 

Recommendations:  

Louis has been ranked as a leading junior variously in insolvency, chancery and commercial litigation in both the Legal 500 and in Chambers UK guides to the legal profession since 1999.  

Chambers UK 2012:

"Louis Doyle is a dab hand at company and commercial litigation - in particular, cases with an insolvency backdrop. He is a noted (and published) authority on minority shareholder claims."

"Louis Doyle brings broad chancery and commercial expertise to his insolvency practice. He recently acted for the administrator of the Relax Finance Group in claims against its directors."

Legal 500 2011:

Louis Doyle provides "practical, no-nonsense commerical advice"

Chambers UK 2011:

Louis Doyle “is a fantastic advocate, especially for shareholder and directors disputes." 

Louis Doyle is "very academic" and highly respected for his insolvency expertise. His "knowledge of the law is second to none" and he is praised for his commercial outlook.

Chambers UK 2010:

Top-ranking junior Louis Doyle boasts "extraordinary advocacy skills and great technical knowledge." He is well liked by clients as he combines "good commercial understanding with bags of enthusiasm."

Chambers UK 2009:

Louis Doyle "is thorough and precise and has quite a presence in court."

Leading junior Louis Doyle specialises in insolvency litigation and is considered "technically strong, with moments of sheer brilliance." His advocacy skills are applauded along with his "practical, hands-on approach and commercial perspective."

An energetic litigator who "is always willing to challenge established views," his knowledge of insolvency law is considered "second to none."

Market sources describe him as highly enthusiastic: he "gets stuck in and always delivers great results." 

Chambers UK 2008:

Louis Doyle has "a growing profile in the area" and is best known as an insolvency expert, although this part of his practice feeds into more "classic" company and chancery areas. 

Legal 500 2007:

Louis Doyle "is extraordinarily bright but clear and direct too"

Previous recommendations include:

"His intellectual capability makes him a match for any London barrister"

"Great on his feet, a good supply of experience and advice, a direct and straightforward approach, and clients love him"

"Taking on an increasing amount of cross-border work"

"Well read, well informed and very thorough in court"

"Widely regarded as sensible and client friendly with a winning combination of ability and common sense"

"The extremely busy ex-solicitor receives much positive peer comment"

"Great technical brain and a safe pair of hands"

 

Memberships:

Insolvency Lawyers Association (full member)
R3 (full member)
Chancery Bar Association
Northern Chancery Bar Association
Professional Negligence Bar Association
North Eastern and Northern Circuits


Panels:

Provincial Panel, Treasury Counsel (Civil Litigation) (primarily disqualification and Revenue work)
(Appointed 2000, re-appointed 2003, retired 2007)   

 

Career & Education:

Degree:	LLB (CNAA), LLM (Birmingham) Admitted as a solicitor in 1994 after teaching law for three years at Leeds Polytechnic and Bradford University
Year of Call:	1996 (Lincoln's Inn), initially a tenant at Zenith Chambers, Leeds
Joined Chambers:	1999