Philip Middleton

Senior Associate

Manchester

About me

I’m an insolvency law expert who supports clients in bringing and defending insolvency proceedings. Notably, this includes proceedings that are ‘antecedent’ transactions (ie transactions at an undervalue and preference) as well as misfeasance claims.

My experience also includes acting for clients defending company director disqualification claims and procedural insolvency court work (including applications to extend administrations) and non-contentious corporate insolvency matters, such as advising on the validity of security and sales of businesses and assets.

The kinds of clients I represent include insolvency practitioners, lenders and other creditors, company directors and corporate defendants.

I do the hard work, undertaking extensive research to provide my clients with the detailed guidance that’s so crucial to achieving the best possible outcome.

Making a difference for my clients is important to me. I’m never happier than when I achieve the outcome and recovery from proceedings that a client is looking for, or successfully negotiate a settlement on their behalf. I find it just as rewarding when I get to complete a sale, especially when it saves jobs.

Nurturing the next generation of legal talent is also a priority for me. I’ve taken part in mentoring schemes before and I plan to keep doing so in the future.

My experience

  • Acted for several directors regarding company director disqualification proceedings, successfully defending a number of them prior to proceedings being issued with no further action taken.
  • Acted for five defendants to antecedent transaction and misfeasance proceedings commenced by liquidators, successfully requiring the liquidators to amend and substantially reduce their claim and ultimately settling the proceedings.
  • Acted for proposed joint administrators on an application to put a German-incorporated company into administration in England, successfully arguing that the company’s centre of main interests was in England and Wales rather than Germany.
  • Acted for receivers in applying to pay surplus proceeds of sale into court where the borrower was incorporated outside of the jurisdiction and obtained permission to serve outside of the jurisdiction.
  • Acted for liquidators in obtaining a committal order against a company director resulting in a custodial sentence being imposed on the company director.
  • Assisted on the sale of the business and assets of a retail company in administration with numerous sites across the UK.

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