Business & Commercial Law
Nicola is developing a busy practice in insolvency law, acting for trustees, creditors and debtors in respect of both personal and corporate insolvency in a wide range of matters; from bankruptcy petitions, statutory demands and IVAs to CVAs, administrations and liquidations. Nicola has a special interest in cases which involve allegations of transaction avoidance, including transactions generally intended to defraud creditors (section 423 applications).
With substantial experience in family law, Nicola has a particular niche in cases involving matrimonial finance. Nicola offers specialist expertise on the often-competing interests of creditors, divorcing parties and dependants. She often lectures on the issues surrounding the crossover between insolvency and matrimonial finance fields.
Nicola has particular experience of:
- Transactions at an undervalue;
- Transactions intended to defraud creditors (s 423, Insolvency Act applications);
- Freezing injunctions;
- Tomlin orders;
- Statutory demands.
Re A (a child) – used section 423 of the Insolvency Act to attack the validity of dispositions which amounted to a transactions at an undervalue in the context of a child maintenance case.
Re N – Advice upon setting aside a judgment, entered on a Tomlin Order which had been made ex parte. The creditor had previously prepared a statutory demand on the basis of the Tomlin Order itself and, owing to the existence of the later order, the statutory demand was set aside; the client wished to avoid the risk posed by service of a further statutory demand.
Re M – acted for a discharged bankrupt husband in matrimonial finance proceedings where the FMH remained vested in the trustee in bankruptcy. Advising on and drafting the consent order to ensure that the order was not made ultra vires.