Viewing: Insolvency for Nicholas Cobill

Nicholas deals with a range of insolvency issues.
He advises on risk avoidance, provides opinions and drafts pleadings, gives guidance on disclosure exercises, interviews witnesses, liaises with experts and represents clients at mediation, in tribunals and in court. His experience includes:
Advocacy
- obtaining an emergency order in Part 8 proceedings pursuant to section 125 Companies Act 2006 to rectify a company’s register to enter the name of an individual in place of her deceased father (the previous sole director and shareholder who died intestate suddenly where the Articles of Association left the company without a successor)
- representing companies in the High Court in applications to restrain the presentation of winding up petitions and the advertisement in the London Gazette
- representing a major tobacco manufacturer (with a tobacco manufacturer as supporting creditor) in bankruptcy proceedings against the guarantor of a major UK supplier of their products
- representing administrator of company which supplied accounting and tax services to numerous celebrities in an application for a distribution to creditors pursuant to paragraph 65((3) Schedule B1 Insolvency Act 1986
- representing petitioning creditors and debtor in bankruptcy proceedings in the High Court in London, typically involving debts arising from guarantees and indemnities
- representing the Secretary of State for Business, Innovation and Skills (formerly the DTI) in interim and final charging order hearings in the High Court in London
- representing the Insolvency Service in director disqualification proceedings (including securing disqualification orders against company directors for periods of between 2 and 15 years in section 6 proceedings at final disposal hearings in cases including, for example, a USD $23m factoring fraud where he obtained 13, 13 and 7 periods of disqualification and a 15 year order against a defendant who acted whilst disqualified and who had falsified bank statements and deceived his co-directors), obtaining an order to extend an administration, representing the Official Receiver at interim applications.
Advisory
- representing administrators of UK high performance engine manufacturer which supplied engines to Italian racing team for Formula 1 Grands Prix in Suzuka and Interlagos
- assisting a UK prestige vehicle manufacturer to obtain an injunction to compel a company in administration to continue to supply parts
- assisting a national manufacturer and retailer of children’s wear to avoid the threat of insolvency (including working in-house)
- assisting a worldwide land surveying equipment distributor based in Hong Kong to recover a debt from a company subsequently in administration based in the UK
Alternative Dispute Resolution
- representing UK vehicle manufacturers in multi-million GBP disputes at mediation
- assisting shareholders to recover deferred consideration in an expert determination
- representing a financial advisor in a mediation with a mortgage provider
- devising tailored solutions for corporate entities to limit the threat of litigation
Nicholas is recognised for his proactive and commercial approach to dispute resolution.
Client care
Prior to joining No5 Chambers in March 2011, Nicholas was a senior associate in the commercial litigation team at Wragge and Co LLP (now Gowling WLG (UK) LLP). He also led the firm’s advocacy team. He dealt with a broad range of commercial and insolvency disputes from high value and complex commercial matters to comparatively lower value and high volume disputes. He worked with partners across the firm, managed solicitors and supervised trainees.
Other
Represented Middle Temple at the World Universities Debating Championship in Toronto 2001
BVC: Inns of Court School of Law – Very Competent
Notable Cases
Jonathan Digby-Rogers v Speechly Bircham LLP [2019] EWHC 1568 (Ch)
Henderson and Jones Ltd v Alex Tsimboykas and Claire Tsimboykas [2018] EWHC 1493
(1) John Micheal (2) Pauline Wendy Micheal (3) Havering Radio Cars UK Ltd v (1) Gary Anthony Phillips (2) A1 Group (UK) Ltd (3) Lynn Phillips [2017] EWHC 142 (QB)
(1) Cumbria Waste Management Ltd (2) Lakeland Waste Management Ltd v Baines Wilson (a firm) [2008] EWHC 768 (QB)
Memberships
Chancery Bar Association
International Bar Association
Middle Temple