Louis Doyle

Kings Chambers

Louis Doyle has a busy and eclectic practice developed over more than two decades in all aspects of insolvency, credit, security, company law and finance litigation (including commercial fraud).    He has appeared in over forty reported cases, five in the Court of Appeal, and is co-author, with Professor Andrew Keay, of Insolvency Legislation:  Annotations & Commentary (8th edn, 2019, LexisNexis) and a contributing editor of the leading loose-leaf, Gore-Brown on Companies. Ranked as a leader in his field in various subject areas by both Chambers & Partners and the Legal 500 since 1999, he has huge commercial experience and a reputation that precedes him in terms of his technical knowledge and abilities as an advocate. One commentator noted that “he is fantastic on his feet, with judges and with opponents, well read, technically excellent and clients love him”.

Examples of Louis’s recent work include:

  • Acting for Indian creditors in relation to the winding-up in the Isle of Man of an infrastructure holding company.   The case involved complex issues of proof and subrogation, proceedings in the UK, the Isle of Man and the Supreme Court of India, and substantial assets in those jurisdictions, Bosnia, the US and the BVI.
  • Re Smooth Financial Consultants Ltd (in liquidation) [2018] WLR(D) 592 (seven-day High Court director disqualification trial).
  • Acting for three insolvency practitioners defending (successfully) misfeasance and conspiracy claims pleaded at circa £30m.
  • Advising lead creditor consortium on contractual disputes arising out of complex basket-currency denominated revolving-credit and subordinated debt agreements.
  • Acting for defendants in significant multi-million-pound misfeasance claim arising out of high-profile collapse of UK-based financial planning business.
  • Re Dent [2017] Ch 422 (Norris J).   Acting for successful creditor, Lady Lynne Morrison, in claim involving marshalling of securities, subrogation, the interaction between partnership law and bankruptcy and the Agricultural Credits Act 1928.
  • Acting for four of nineteen defendants in heavy commercial fraud proceedings involving alleged misappropriation of seven figure sums and associated alleged laundering.

Apart from his very broad insolvency practice on both the corporate and personal sides, litigious and advisory, and his financial litigation and company law work, Louis has extensive experience of trial and interim application work and mediation. He is much sought out as a practitioner in relation to high value and complex financial disputes and has experience of unexplained wealth, risk money and proceeds of crime.

His cases include;

  • WTA Global Holdings Ltd (In Liquidation) v Lombard North Central Plc (Commercial Court) [2019] EWHC 277 (Comm) [2019] 2 WLUK 702 (HHJ Klein, civil procedure, banking and finance, alleged misconduct by bank global restructuring group, breach of contract, limitation periods, measure of damages, non-compliance, striking out, summary judgments, unless orders)
  • Re Smooth Financial Consultants Ltd [2018] 8 WLUK 84 ((HHJ Halliwell client money, misuse, level of knowledge applicable, obligation to resign as a director, director disqualification orders, disqualification periods)
  • Inform CPI Ltd v Tower Hamlets LBC (Commercial Court) [2018] EWHC 2730 (Comm); [2018] 6 WLUK 692 (HHJ Hodge QC, information technology, local government, burden of proof, interpretation, software licensing agreements, non-domestic rates and savings therein relating to business hereditaments)
  • Re Pappy Ltd (In Liquidation) [2017] 8 WLUK 344; [2018] B.P.I.R. 1451 (Directors, intra-group transfers, preferences claims in liquidation)
  • Raithatha v Baig  [2017] EWHC 2059 (Ch); [2017] 7 WLUK 583; [2018] B.P.I.R. 743 (Chief Insolvency & Companies Judge Briggs, issues of quantification of loss and causation in context of misfeasance as regards failure of directors of Halal monitoring company to register company for VAT on professional advice)
  • Safier v Wardell [2017] EWHC 20 (Ch); [2017] Bus. L.R. 564; [2017] 1 WLUK 147; [2017] B.P.I.R. 504 (HHJ Behrens; successfully established that, on bankruptcy annulment, monies paid by third party into Insolvency Services Account not susceptible to Secretary of State levy)
  • Re Dent (In Administration) [2016] EWHC 2650 (Ch); [2017] Ch. 422; [2017] 3 W.L.R. 198; [2016] 10 WLUK 599; [2017] BPIR 164 (Norris J, equity, administration, Agricultural Credits Act 1928, marshalling, partnerships, subrogation, trustees-in-bankruptcy)
  • Barclays Bank plc v Registrar of Companies [2015] EWHC 3140 (Ch) (Norris J, backdating of winding-up petitions)
  • Hunt v Withinshaw [2015] EWHC 3072 (Ch) (Morgan J; ss.315 and 318 of the Insolvency Act 1986, vesting orders)
  • Hunt v Conwy County Borough Council [2014] 1 WLR 254 (Sir William Blackburne; leading case on bankruptcy disclaimer)
  • Appleyard v Wewelwala [2013]1 WLR 752 (Briggs J; trustee’s remuneration and call for amendment to insolvency legislation)
  • Linfoot v Adamson [2012] BPIR 1033 (applicable test on objection to treatment of proof by voluntary arrangement supervisor)
  • Stericker v Horner [2012] 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) [2012] BCC 601(retrospective administration orders)
  • Rehman v Chamberlain [2012] BCC 770 (Court’s approach to alleged part consideration and s.245 avoidance of floating charge)
  • 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, Power v Petrus Estates 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 goodson application for sale by administrators under Schedule B1, para 71)
  • Kingsley IT Consulting Ltd v McIntosh [2006] BCC 875 (Mr Terence Mowschensen QC; directors' duties; secret profits; quantification of director's liability to account to complainant company)
  • Smurthwaite v Simpson-Smith [2006] All ER (D) 368; [2006] 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 [2006] 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) [2006] BCC 115;noted also at [2005] 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 [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] BPIR 830(first reported disputed block transfer order)
  • Palgrave Brown v Stinnes Logistics AG [2002] 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 [2002] BPIR 947 (successful appeal to High Court overturning findings of transactions-at-undervalue and preferences below)
  • 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; subsequent appeal to theCourt of Appeal aborted)
  • Fuller v Cyracuse [2001] 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 [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 ofAppeal; 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)

Year of Call: 1996

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