36 Young Street, Manchester, M3 3FT
DX: 718188 MCH 3
Direct Dial: 0161 832 9082
5 Park Square, Leeds, LS1 2NE
DX: 713113 LEEDS PARK SQ
Direct Dial: 0113 242 1123
Embassy House, 60 Church Street,
Birmingham, B3 2DJ
DX: 13023 BIRMINGHAM
Direct Dial: 0121 200 3570
Clerked by:Gary Young
Barclays Bank plc v Registrar of Companies  EWHC 3140 (Ch) (Norris J, backdating of winding-up petitions)
Hunt v Withinshaw  EWHC 3072 (Ch) (Morgan J; ss.315 and 318 of the Insolvency Act 1986, vesting orders)
Hunt v Conwy County Borough Council  1 WLR 254 (Sir William Blackburne; leading case on bankruptcy disclaimer)
Appleyard v Wewelwala 1 WLR 752 (Briggs J; trustee’s remuneration and call for amendment to insolvency legislation)
Linfoot v Adamson  BPIR 1033 (applicable test on objection to treatment of proof by voluntary arrangement supervisor)
Stericker v Horner  BPIR 845 (proprietary estoppel, undue influence and scope of Court of Appeal’s decision in McGuinness v Norwich & Peterborough Building Society on statutory demand set aside)
Re MTB Motors Ltd (in administration)  BCC 601(retrospective administration orders)
Rehman v Chamberlain  BCC 770 (Court’s approach to alleged part consideration and s.245 avoidance of floating charge)
Re A Block Transfer Order by Kaye  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, Power v Petrus Estates Ltd  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  BPIR 284 (annulment; discretionary powers in annulling under s.282 and reviewing under s.375)
Simpson v Bowker  BCC 781;  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  BCC 485 (Court of Appeal; administration; proper basis for valuation of third party goodson application for sale by administrators under Schedule B1, para 71)
Kingsley IT Consulting Ltd v McIntosh  BCC 875 (Mr Terence Mowschensen QC; directors' duties; secret profits; quantification of director's liability to account to complainant company)
Smurthwaite v Simpson-Smith  All ER (D) 368;  BPIR 1469 (IVA; meaning of "reputed wife"; treatment of creditor by chairman; setting aside of arrangement; personal costs liability of office-holder, including various interim applications for specific disclosure and s.375 review before Warren J and the late Laddie J)
Re Ultramotorhomes International Limited [2006} All ER (D) 227 (PattenJ; EC Regulation on Insolvency Proceedings; applicable law; proper construction of CVA; effect of German security; delivery up of arrangement assets)
Akhtar v Rafiq  I FLR 27 (Bodey J; appearing for the Crown (Queen's Proctor); effect of fraud/defective service in Middle Easton court process)
Oakley v Ultra Vehicle Design Ltd (In Liquidation)  BCC 115;noted also at  IL4P 55 (Lloyd LJ, sitting as a High Court judge; 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  BPIR 128 (bankruptcy; whether $2.8m gaming debt incurred in US capable of founding English bankruptcy petition)
Commissioners of Customs & Excise v Allen  BPIR 830(first reported disputed block transfer order)
Palgrave Brown v Stinnes Logistics AG  All ER (D) 241(Court of Appeal following five day trial in the Mercantile Court; interpretation of contractual agreement; liability of vendor to meet due diligence costs of prospective purchaser)
Doyle v Saville  BPIR 947 (successful appeal to High Court overturning findings of transactions-at-undervalue and preferences below)
Re Salmet International Ltd (in administration)  BCC 796(Blackburne J; ranking of office-holder's remuneration as expense in administration where shortfall)
Industrial Diseases Compensation Ltd v Marrons  BPIR 601(charging orders; setting aside; scope of CPR r.40.9)
Harris v Gross  BPIR 586 (IVAs; standing of supervisor to petition for bankruptcy after expiration of fixed term arrangements)
Re Julie O Sullivan  BPIR 534 (jurisdiction of court to interfere with nominee's fee as fixed by creditors; subsequent appeal to theCourt of Appeal aborted)
Fuller v Cyracuse  1 BCLC 187 (Mr Peter Leaver QC; striking out just and equitable winding-up petition in the face of complex offer to buy-out petitioner)
Cork v Rawlins  3 WLR 300, CA (Court of Appeal; bankruptcy; vesting of contractual claim)
Ord v Upton  Ch 352  2 WLR 755, CA (Court ofAppeal; bankruptcy; nature of cause of action; vesting of personal injury claim)
Lombard North Central plc v Brook  BPIR 710 (CVA; liquidated damages/ penalty clause; treatment of creditor for voting purposes)
National Westminster Bank plc v Caldeira  CLY 3225(bankruptcy; charging orders)
Kelly v Pilgrim  CLY 399 (automatic directions; joinder)
"He is an exceptional barrister. His knowledge is second to none, he always gets the job done to a high standard and he's a safe pair of hands."
Louis’ commercial chancery practice has a particular emphasis on insolvency, company law and commercial litigation, especially shareholder, director and financial disputes. He appears regularly in the Chancery Division and in the Mercantile/Commercial Court and has significant experience in the areas identified below, appearing against both senior juniors and silks. His caseload currently includes heavy and high value claims involving: a high value, high profile bankruptcy; six “heavy” misfeasance/transaction avoidance claims, all exceeding £1m and one exceeding £10m in value; a £43m claim against a high street bank for malicious presentation of a bankruptcy petition; various high-value interest rate swap mis-selling and related claims; a dispute over the proceeds of various ATE policies as between liquidators and other interested parties involving trust, estoppel and contractual interpretation issues (in which Louis is being led by Stephen Davies QC); a high value s.994 petition which is running concurrent with a dispute between two of the parties in the Family Division; a high value wrongful trading action coupled with breach of duty claims against the former directors of a high profile failed group; various claw back actions under the Insolvency Act 1986 coupled with claims for accessory liability involving tracing remedies; and a long running dispute for a public authority concerning ownership of property subject to disclaimer and vesting order claims (which, to date, has produced two reported cases in the High Court, Chancery Division). Louis’ work often involves the seeking of interim remedies at short notice. His practice can be grouped under the following heads:
- Insolvency (all aspects, corporate and personal, domestic and international, contentious and non-contentious, including claims under the Insolvency Act 1986 and the Companies Act 2006 with a particular emphasis on asset recovery, predominantly (but not exclusively) for office-holders);
- Commercial and financial litigation (especially financial and boardroom disputes, breach of duty/breach of trust claims, civil fraud, accessory liability (dishonest assistance and knowing receipt), restitutionary and tracing claims).
- Company law (especially director and shareholder disputes, including s.994 and “just and equitable” petitions and derivative claims);
- Credit and security (including debt, subrogation, subordination and set-off);
- Interim remedies (including summary judgment, applications for specific and third party disclosure, security for costs and injunctions (including freezing injunctions, worldwide and domestic);
- Professional negligence and disciplinary regulatory work relating to the above.
Year of Call: 1996
For details about Louis's reported cases please click here.
Insolvency Lawyers Association (full member)
R3 (full member)
Chancery Bar Association
Northern Chancery Bar Association
Committee Member, Northern Commercial Bar Association
Professional Negligence Bar Association
Bar Pro Bono Unit
Provincial Panel, Treasury Counsel (Civil Litigation) (primarily disqualification and Revenue work) (Appointed 2000, re-appointed 2003, retired 2007)
Insolvency Legislation: Annotations & Commentary (5th edn, 2016, Butterworths LexisNexis, now available online) (with Professor Andrew Keay and Professor Gerard McCormack)
Contributing editor to Gore-Browne on Companies (looseleaf, Jordans)
Previously a member of the editorial board of Insolvency Intelligence and The Insolvency Lawyer.
Degree: LLB (CNAA), LLM (Birmingham)
Admitted as a solicitor in 1994 after teaching law for three years
Year of Call: 1996 (Lincoln's Inn)
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. Those recommending him suggest:
Chambers UK 2019
"He knows the insolvency law and rules very well, he's very authoritative and he's a very energetic advocate."
"An excellent, well-informed barrister. A pleasure to instruct." "Extremely able and an excellent advocate."
Legal 500 2019
"Excellent on his feet."
Chambers UK 2018
"Particularly good on contentious matters, he is well known and respected in the industry."
"He is a very intelligent guy with a good knack for looking at cases from new angles." "He has an excellent range of experience, provides commercially sound advice and represents good value for money."
Legal 500 2018
"An insolvency expert."
Chambers UK 2017
"I rate his advocacy skills and technical knowledge very highly." "Both clients and judges seem to absolutely love him."
Legal 500 2017
"A first-class barrister."
Chambers UK 2016
"A well-known and very well-regarded barrister, strong on insolvency issues."
"He is an excellent, well-informed counsel. He's a pleasure to instruct."