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Raheel Khan

London, United Kingdom

0 Testimonials
3 Case studies
0 Articles

Summary

Practice Areas:

  • Insolvency
  • Debt recovery
  • Corporate Recovery and Restructuring
Smithfield Partners Ltd

INSOLVENCY & RESTRUCTURING EXPERIENCE INCLUDES:

Acting almost exclusively for insolvency practitioners but also advising debtors, creditors and company directors on an extensive range of corporate and personal insolvency procedures.

Corporate Insolvency:

  • Advising and bringing proceedings on behalf of officeholders on preference, undervalue, wrongful and fraudulent trading actions
  • Provision of technical and compliance support to Insolvency Practitioners
  • 216 prohibited name applications
  • Applications for company restoration, to defer dissolution and for rectification of the Register
  • Validation order applications
  • Advising office holders on retention of title claims
  • Advising directors as to insolvency and recovery options and implementing the same

Personal Insolvency, all aspects including:

  • IVAs
  • Antecedent transaction proceedings
  • Applications to set method of trustee’s remuneration
  • Applications to suspend automatic discharge
  • Annulment applications
  • Asset realisation and matrimonial home proceedings
  • 366 applications
  • Reinstatement of bankruptcy petitions

NOTABLE INSTRUCTIONS

Contentious Insolvency

  • Six day wrongful trading trial of four directors of family construction business
  • Emergency appointment of provisional liquidator of luxury car company with injunctive relief
  • Acting on behalf of Trustees in investigating their interest in and realising (often multiple) properties owned by single bankrupt. Following through with evictions of tenants, writs of restitution, committal applications including appeals to the High Court as necessary
  • Successful and comprehensive defence on behalf of a company against a range of antecedent transaction allegations of combined value circa £500,000
  • Section 112 application following acquisition by former liquidator of substantial funds post-liquidation but prior to deferred dissolution date
  • Have acted for BIS in directors’ disqualification proceedings covering London and SE England and acted for directors in s.17 CDDA 1986 (permission to act) applications
  • Acting in antecedent application on behalf of liquidator of record company in relation to assignment by director of record company back catalogue
  • Acting for directors in defence of misfeasance claims, Companies Act 2006 breaches, outstanding loan accounts and unlawful dividend claims. Investigating and bringing actions against such directors on instructions of office holders
  • In July 2015 I obtained the first successful order for a rescission of a compulsory winding up at the Birmingham District Registry in over 10 years
  • Application to recover unpaid LPA Receiver fees
  • Provision of insolvency advice as required to Hugh James regulatory team in the SFO voluntary bill of indictment claim, R v Evans & Others [2014] EWHC 3803 (QBD)

Non-contentious Insolvency

  • Provided insolvency advice with commercial and sometimes political dimensions to the Welsh Ministers often concerning the following issues:
    • The liquidation and administration of various commercial enterprises in which there had been significant investment
    • Provision of advice as to a variety of security instruments both as to their validity, priority and tactical and commercial decisions as to enforceability
  • Multiple instructions to appoint administrators (by all methods) and applications to extend their term of appointment
  • Advising cinema chain in wake of administration of major high street retailer and implications for their joint venture agreement
  • Assisting in provision of advice to UAE creditor business in relation to administration of Northern Irish debtor company
  • Acting for liquidator of record company in complex exercise to properly value global visual and audio royalty streams resulting ultimately in a solvent liquidation
  • Advising Israeli creditor in respect of UK’s first Special Administration of an investment bank
  • Urgent advice to property development company as to potential breaches by Supervisor of CVA and its implications prior to imminent AIM floatation.
  • Acting for Joint Supervisors in relation to complex IVA principal asset of which was a hotel located in Germany owned by company registered in Switzerland
  • Advising on asset recovery in various overseas jurisdictions
  • Assisting in relation to joint administrators’ sale of a high profile estate agency
  • Advising AIM-listed fashion retailer in respect of disposal of under-performing brands owned by subsidiary company
  • Acting for administrators in order to obtain bespoke software licence developed and withheld by third party owner (and former director) and urgently required to access company data   

COMMERCIAL AND GENERAL LITIGATION EXPERIENCE INCLUDES:

  • TSOL: successfully opposed application by litigant subject to a Civil Proceedings Order that he did not require leave to bring proceedings for judicial review. Ewing v Director of Public Prosecutions [2008] WLR (D) 276  
  • Acted in dispute concerning distribution of probate account following liquidation of father’s former transportation company
  • Applications under various provisions of Housing Act 1988 in order to evict tenants particularly accelerated proceedings and proceedings for eviction with rent arrears (ground 8 claims)
  • Long-running multi-track litigation concerning multiple parties claiming an interest in property post bankruptcy
  • Advising and acting for directors and office holders on company restoration applications and applications to defer dissolution
  • Acting in high value negligent and fraudulent financial misrepresentation claim
  • Debt recovery both in the UK and in overseas jurisdictions

 

 

 

Previous Employment

Hugh James2013 - 2015

Senior Associate

Moorhead James LLP2008 - 2013

Solicitor

Ministry of Human Development, Belize2006 - 2007

Attorney at Law (voluntary role through NGO)

Experience

INSOLVENCY & RESTRUCTURING EXPERIENCE INCLUDES:

Acting almost exclusively for insolvency practitioners but also advising debtors, creditors and company directors on an extensive range of corporate and personal insolvency procedures.

Corporate Insolvency:

Advising and bringing proceedings on behalf of officeholders on preference, undervalue, wrongful and fraudulent trading actions

Provision of technical and compliance support to Insolvency Practitioners s.216 prohibited name applications

Applications for company restoration, to defer dissolution and for rectification of the Register Validation order applications

Advising office holders on retention of title claims Advising directors as to insolvency and recovery options and implementing the same Personal Insolvency,

all aspects including: IVAs

Antecedent transaction proceedings

Applications to set method of trustee’s remuneration

Applications to suspend automatic discharge

Annulment applications

Asset realisation and matrimonial home proceedings s.366 applications

Reinstatement of bankruptcy petitions

Education

Brunel University

University

1992 - 1996

Bachelor of Laws, LLB (Hons)

The College of Law

University

1996 - 1997

Legal Practice Course

Testimonials

This solicitor hasn't yet added any testimonials to their profile

Case Studies

Notable Instructions - Contentious Insolvency

Contentious Insolvency

Six day wrongful trading trial of four directors of family construction business

 Emergency appointment of provisional liquidator of luxury car company with injunctive relief

 Acting on behalf of Trustees in investigating their interest in and realising (often multiple) properties owned by single bankrupt. Following through with evictions of tenants, writs of restitution, committal applications including appeals to the High Court as necessary

 Successful and comprehensive defence on behalf of a company against a range of antecedent transaction allegations of combined value circa £500,000

 Section 112 application following acquisition by former liquidator of substantial funds post-liquidation but prior to deferred dissolution date

Have acted for BIS in directors’ disqualification proceedings covering London and SE England and acted for directors in s.17 CDDA 1986 (permission to act) applications

 Acting in antecedent application on behalf of liquidator of record company in relation to assignment by director of record company back catalogue

 Acting for directors in defence of misfeasance claims, Companies Act 2006 breaches, outstanding loan accounts and unlawful dividend claims. Investigating and bringing actions against such directors on instructions of office holders

 In July 2015 I obtained the first successful order for a rescission of a compulsory winding up at the Birmingham District Registry in over 10 years

 Application to recover unpaid LPA Receiver fees

Notable Instructions - Non-contentious Insolvency

Non-contentious Insolvency

Provided insolvency advice with commercial and sometimes political dimensions to the Welsh Ministers often concerning the following issues: o The liquidation and administration of various commercial enterprises in which there had been significant investment

o Provision of advice as to a variety of security instruments both as to their validity, priority and tactical and commercial decisions as to enforceability

Multiple instructions to appoint administrators (by all methods) and applications to extend their term of appointment

 Advising cinema chain in wake of administration of major high street retailer and implications for their joint venture agreement

 Assisting in provision of advice to UAE creditor business in relation to administration of Smithfield Partners Limited (Company Number: 06754735) is regulated by the Solicitors Regulation Authority (SRA registration number 499315). A list of directors is available for inspection at its registered office, which is at Suites 19-22, Lower Ground Floor, Temple Chambers, Temple Avenue, London EC4Y 0HP Northern Irish debtor company

 Acting for liquidator of record company in complex exercise to properly value global visual and audio royalty streams resulting ultimately in a solvent liquidation  Advising Israeli creditor in respect of UK’s first Special Administration of an investment bank

Urgent advice to property development company as to potential breaches by Supervisor of CVA and its implications prior to imminent AIM floatation.

Acting for Joint Supervisors in relation to complex IVA principal asset of which was a hotel located in Germany owned by company registered in Switzerland

 Advising on asset recovery in various overseas jurisdictions  Assisting in relation to joint administrators’ sale of a high profile estate agency

 Advising AIM-listed fashion retailer in respect of disposal of under-performing brands owned by subsidiary company

 Acting for administrators in order to obtain bespoke software licence developed and withheld by third party owner (and former director) and urgently required to access company data

Notable Instructions - Commercial & General Litigation

COMMERCIAL AND GENERAL LITIGATION EXPERIENCE INCLUDES:

 TSOL: successfully opposed application by litigant subject to a Civil Proceedings Order that he did not require leave to bring proceedings for judicial review. Ewing v Director of Public Prosecutions [2008] WLR (D) 276

 Acted in dispute concerning distribution of probate account following liquidation of father’s former transportation company

 Applications under various provisions of Housing Act 1988 in order to evict tenants particularly accelerated proceedings and proceedings for eviction with rent arrears (ground 8 claims)

 Long-running multi-track litigation concerning multiple parties claiming an interest in property post bankruptcy

 Advising and acting for directors and office holders on company restoration applications and applications to defer dissolution

 Acting in high value negligent and fraudulent financial misrepresentation claim

Debt recovery both in the UK and in overseas jurisdictions

Ongoing instructions in respect of litigation in the telecommunications sector

Articles

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Published Cases

Ewing v Director of Public Prosecutions [2008] WLR (D) 276

Ewing v Director of Public Prosecutions [2008] WLR (D) 276

 

It was necessary for a person who was the subject of a civil proceedings order to seek leave, under s 42(3) of the Supreme Court Act 1981, to make an application for permission to proceed with a claim for judicial review notwithstanding that the underlying decision he sought to challenge related to a criminal cause or matte


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