Kavan Gunaratna

Whether the test for determining the nature and extent of waiver of legal professional privilege is the same in cases of express waiver and implied waiver and whether, in professional disciplinary proceedings, waiver by a person for the purpose of establishing that they had not received a fair trial (due to the absence of independent representation) extended to the retrial

Dismissal of winding up petition on application of Coronavirus test in Schedule 10 CIGA 2020 and considering relevant date for assessment of test.

Claim by Insolvency Practitioner to quash decision of regulatory tribunal for wrongly ordering IP to pay costs of disciplinary proceedings, where the findings in such proceedings had been found to be unsafe and the orders made declared to be void. Led by Stephen Davies QC.

Chancery Division, Morgan J. – tenant insolvency – contested administration application regarding well-known two Michelin star Mayfair restaurant, following service of break notice by former landlord and forfeiture of lease.

The first reported decision on the provisions of the 2018 Practice Direction: Insolvency Proceedings regarding the restricted jurisdiction of certain courts to determine opposed insolvency petitions. Led by Stephen Davies QC.

Chancery Division– urgent injunction proceedings in aid of repairs to the River Thames Flood Defence Wall on behalf of the Environment Agency, to prevent flooding and shut-down of the London Underground network.

Led by Marcia Shekerdemian QC, proceedings for removal of administrators following pre-pack sale of insolvent tech. business, claimed to have been worth in excess of £1bn.

Appeal following decision of High Court Chancery Division clarifying law on bankruptcy proceedings by local authorities and appeals to valuation tribunals.

Appeal following decision of High Court Chancery Division clarifying law on bankruptcy proceedings by local authorities and appeals to valuation tribunals.

Separate appeal from finding of sham tenancies, considering court’s jurisdiction to entertain appeal on grounds of alleged fraud or misconduct of tribunals and for alleged perversity of findings of fact, and principles of res judicata in tribunals.

Proceedings by creditor to challenge voluntary arrangement on grounds of unfair prejudice and material irregularity, and considering whether statements by chairman of creditors’ meeting gave rise to independent causes of action.

Decision of Court of Appeal establishing restriction on court’s ability under the Misrepresentation Act 1967 to award damages in lieu of rescission of a contract where rescission no longer possible; considering availability of rescission after lapse of time; and principles of restitutio in integrum.

Proceedings concerning private examination of director under section 236 Insolvency Act 1986 and incidence of costs.

First reported decision in this jurisdiction on whether the giving of a company director’s personal guarantee would amount to a voidable transaction at undervalue under the Insolvency Act 1986.

Proceedings for recovery of £9m claimed under invoice discounting facility and directors’ personal guarantees, considering ability of banks to self-certify sums due from debtors, in reliance on contractual ‘conclusive evidence clauses’ (permission to appeal to the Court of Appeal granted immediately before settlement of case).

Chancery Division – rights of way and easements to park over private land acquired by lost modern grant and under the Prescription Act 1832.

Appeal to Court of Appeal against Judge’s refusal to permit an appeal to be brought substantially out of time.

Challenge to multi-million pound facility agreements granted to property developer on grounds of alleged unfair commercial relationship, and concerning statutory demands to enforce such debts.

Court of Appeal decision establishing entitlement of creditor to petition for bankruptcy of a guarantor even if that creditor was precluded from petitioning against the principal debtor for the same guaranteed debt.

Decision of the Chancellor of the High Court establishing principles for payment of the costs and expenses of a bankruptcy following annulment and inherent jurisdiction to provide for those of the relevant insolvency practitioner.