Mediation examples:

• an action brought by liquidators against former directors alleging undervalue transactions, wrongful payment of dividends and seeking repayment of loans;

• a claim by joint liquidators under section 212 IA 1986 against former directors and alleged shadow directors of various group companies arising out of a failed tax planning scheme in which defences based on the Duomatic principle and section 1157 CA 2007, amongst others, were being raised;

• a claim by a trustee in bankruptcy to overturn a Property Adjustment Order involving complex issues concerning the inter-relationship of the Insolvency Act and Matrimonial Causes Act, including an analysis of vitiating factors (and other issues) in line with Hill v Haines;

• a claim by liquidators against various professional services firms arising out of the collapse of a litigation funding scheme;

• a claim by a liquidator seeking recovery of alleged undervalue transactions;

• a dispute arising out of a sponsorship agreement between a major sports figure and a corporate group, and the personal liability of directors of various companies within the group under ss.216 and 217 Insolvency Act following the insolvency of one group company;

• a claim by a liquidator to expunge a proof of debt under IR 4.85;

• a claim by administrators of a company against a director based on breach of warranty, the defence being based on misrepresentation as to the effect of the warranty;

• a multi-party mediation of a dispute involving claims against various professional services firms in four separate pieces of litigation arising out of the failed rescue of an insolvent company;

• claims against office-holders for breach of common law and fiduciary duties in distributing assets, including breaches of the Estate Costs Rule;

• a warranty claim (and guarantee claim) between a bank and directors of an insolvent factoring company arising out of a facility agreement (and personal guarantee), the claim concerning, inter alia, the nature of financial exposure assumed by the company and how such exposure was represented;

• a multi-party action bought by a number of different liquidators representing several groups of insolvent companies against various financial institutions in which a trading conspiracy was alleged against certain of their employees;

• numerous mediations involving actions by liquidators and administrators seeking to recover money from former directors and trading partners of insolvent companies;

• a case concerning winding-up in the public interest under s124A IA 1986;