Viewing: Insolvency for Paul J. Dean

Paul has substantial experience in Insolvency. He is trusted by insolvency solicitors and insolvency practitioners alike with a range of insolvency work for companies and individuals.
He has had work published in Insolvency Intelligence (peer reviewed) and Corporate Rescue and Insolvency.
He also has experience of insolvency injunctions in the context of:- petitions, administration applications, and provisional liquidations.
He was counsel in the cases where a provisional liquidator was appointed instead of an administrator:-
Re: Safehosts [2013] BCC 721, and, Re: Brown Bear Foods [2014] EWHC 1132.
He also acted for the liquidator in Re: Husky Group Limited (in liquidation) [2015] B.P.I.R. 184 which dealt with the use of hindsight when assessing insolvency, the form of relief for s.423 and also CPR Part 36.
RECENT EXPERIENCE,
Notable unreported cases include:-
Injunction to restrain the advertisement of a petition when an unknown person (probably the petitioner) had already posted a copy to the company’s bank, Administration order in the context of a possible CVL and share holder dispute, Administration order where all directors had resigned so an overseas shareholder had to make the application as a contingent or prospective creditor, not an actual creditor, Dealing with the consequences of a MVL actually being a CVL, Successfully defending an IP whose remuneration was attacked at the conclusion of an administration. Validation orders.
INTERESTS,
Pre 2006: playing rugby, travelling, scuba diving, certain wines and DIY, Post 2006: parenting, thinking about the above and IPA.
Recommendations
"A partnership specialist who knows the technical aspects, laws and procedures very well and is familiar with all the leading cases."
Chambers and Partners UK 2018 (partnership)
"He has one of the best junior partnership practices in Birmingham and is more experienced in it than anyone else I know: a go-to man for partnership." "Always a port of call for me: I trust him when it comes to partnership law and he's involved in the big cases."
Chambers and Partners UK 2017 (partnership)
"a well-known insolvency expert" and "Technically very astute and accurate, and very personable."
Legal 500 UK 2016 (commercial, banking, insolvency and chancery law)
"The key to Paul Dean is that he gives you a very clear understanding of what he needs from you and in return you get access to his analytical and methodical mind."
Chambers and Partners UK 2015 (partnership)
"A very tenacious, efficient and persistent advocate"
Legal 500 UK 2014 (commercial, banking and insolvency)
"He's very methodical and precise, and he gives you the comfort that no point will not have been fully researched and considered."
Chambers and Partners UK 2013 (partnership)
"an acute eye for detail", and a "relaxed but firm style of advocacy".
Legal 500 UK 2013 (chancery, commercial, insolvency and banking)
Notable Cases
Domestic & General Insulation Limited [2018] EWHC 265 (Ch), [2018] Bus LR 923.
A members’ voluntary liquidation commenced without giving prior notice to a charge holder: s.84(2A) IA1986 (in turn referring to para 14(2) Schedule B1). Subsequently, it was converted into a CVL and new liquidators appointed. The court was asked to declare that their appointments were valid.
The recent authorities regarding invalid appointments of administrators (viz Eco Link Resources [2012] BCC 731) were “of no or limited assistance”
The liquidators’ appointment was valid by virtue of the original special resolution of the members: Re Centrebind Ltd [1967] 1 WLR 377 applied. An affected charge holder could still apply to stay the liquidation or present a petition.
Re: Husky Group Limited (in liquidation) [2015] BPIR 184
acting for liquidator in a successful claim based upon s.423 and 238 IA1986. 8 day High Court trial before HHJ Purle QC. Legal issues included the form of relief and whether the presumption of insolvency could be rebutted using hindsight.
Wesellcnc.Com Limited [2013] EWHC 4577 (Ch)
The statutory declaration of solvency required for a MVL was delivered late. Therefore, the MVL was actually a CVL: s.90. Just before the liquidation ended, the defect was noticed. An application was made for directions: s.166. However, that was late. The court granted an extension of time using: IR4.3. It also granted retrospective sanction and dispensed with the need to call a creditors' meeting.
Re: Brown Bear Foods Ltd [2014] EWHC 1132 (Ch)
application for an administration order. Threshold met but discretion not exercised in order to preserve effect of s.127 IA1986. Provisional liquidator appointed with petition re-listed for final hearing 18 days later.
Re: Reflex Recordings Ltd [2013] EWHC 4514 (Ch)
costs - freezing injunction and administration order.
Re: Safehosts (London) Limited [2013] EWHC 2479 (Ch) [2013] BCC 721
application for an administration order. Threshold not met. Application treated as a petition to wind up the company. Provisional liquidator appointed. Dispute over identity of office holder.
Re: James Dolman & Company Ltd [2010] EWHC 3950 (Ch)
a trial acting for the liquidator. Transactions at an undervalue, knowing receipt, constructive trust and restitution.
Re: Plants to Go Ltd [2009] EWHC 3915 (Ch)
a retrospective administration order in the context of a pre-pack sale of assets.
Memberships
Midland Chancery and Commercial Bar Association (MCCBA)
Birmingham Law Society – Dispute Resolution Committee (former member)
Qualifications
Whitgift School, Croydon
1991: BSc (Hons) Manufacturing and Material Science - 1st class
1993: PGDL (Nottingham Law School)
1994: LPC (Nottingham Law School) - commendation
1996: Solicitor
2001: Solicitor Advocate (Civil)
2001: Called to the Bar (Inner Temple)
Case summaries (2015)
Corporate Rescue & Insolvency
In Practice - "Proving solvency: consolidated accounts and the wisdom of hindsight?" Vol 7(6) [245] (Dec 2014)
Insolvency Intelligence
Case note - "Re: Safehosts (London) Ltd [2013] BCC 721 (provisional liquidation instead of administration)" (March 2011)
Birmingham Law Society Bulletin
"E-disclosure update" (March 2011)
Chambers’ newsletters
"The hazards of insurance law" (Winter 2007 - Issue 3), "E-disclosure - adverse costs" (Spring 2010- Issue 7), "E-Disclosure - update (the new practice direction)" (Spring 2011 - Issue 8), Partnership law: "Accounts and inquiries - how to achieve an equal footing" (2013)