Stephen Atherton QC

Re Gertner; CFL Finance Ltd v Rubin [2017] EWHC 111 (Ch), a significant challenge to a voluntary arrangement proposed by a property tycoon once ranked amongst Britain’s richest individuals - alleged £600 Million in debt to 31 creditors including Kaupthing Bank and CFL; Ronelp Marine Ltd v STX Offshore & Shipbuilding Co Ltd [2016] EWHC 2228 (Ch), a successful application to lift a stay of the Commercial Court action imposed under the Cross-Border Insolvency Regulations following the Defendant entering into Korean insolvency proceedings; Glasgow Rangers FC, acting for and advising the liquidators of the company in relation to various proceedings; The Hillsborough Disaster acting for the company that formerly owned Sheffield Wednesday Football Club and the Hillsborough stadium; Globo Plc, acting for the company and the company's administrators; Washington Special Opportunity Fund Limited, acting for the fund in the successful defence of a winding up application in the Cayman Islands; African Minerals, acting for the principal lender to the company in relation to its ability to enforce its security over assets situated outside the UK; Phones 4U, acting for the security trustee in relation to the company's insolvency and in relation to ability of the administrators of the company to deal with assets subject security; OAS Group, acting for bondholders in relation to the restructuring of the Brazil based corporate group; Southsea Mortgage and Investment Company Limited, represented the Bank of England on the successful application for the making of the first ever bank insolvency order; Assetco Plc, on behalf of the company, sought and obtained an interim mandatory injunction against the company's CEO requiring him to vote in favour of a £16 million share placement; Re Petrus (Kinnerton Street) Limited, acting on behalf of Gordon Ramsay and related companies in relation to a dispute as regards the ownership of the restaurant "Petrus"; The Saad Group, on behalf of the liquidators of a number of the Cayman Islands incorporated companies); Cattles Group, on behalf of the proposed administrators; Connaught Group, on behalf of the companies; Portsmouth City FC, on behalf of one of the club's former owners); SPhinX (acting on behalf of the Liquidation Committee and individual members of the Liquidation Committee; Bernard Madoff, acting on behalf of the joint liquidators of "feeder funds" based in the British Virgin Islands and for investors in other funds based in the Cayman Islands; Pioneer Freight Futures Limited, acting for the liquidators of one of the world's largest freight futures traders in both England and the British Virgin Islands; Value Discovery Partners, acting for the liquidators in relation to a  solvent dissolution of a BVI limited partnership; The Dawnay Day Group, acting on behalf of the liquidators of a number of group companies; The Mall Funding Plc, acting on behalf of the group companies in relation to their restructuring; Lehman Brothers, acting on behalf of the liquidators of the Hong Kong companies and in the UK for the company's landlords and various counterparties, clients and creditors of the Lehman group; Gallery Capital SA and Gallery Media Group Limited, advising and representing the companies as regards their restructuring, COMI migration and schemes of arrangement; Landsbanki, on behalf of senior management of the bank's London branch; Kaupthing Bank, on behalf of a number of counterparties to "repo" transactions; Wind Hellas, acting for bondholders in relation to the company's restructuring; Countrywide Plc, acting for bondholders in relation to the company's restructuring; British Vita Plc, acting for the company in relation to its restructuring and scheme of arrangement; Kaupthing Bank, on behalf of various depositors and counterparties); Northern Rock (on behalf of the proposed administrators; Olint TCI Corporation, acting for the liquidator of the company brought down by a massive "Ponzi" fraud in the Caribbean); Eurotunnel, on behalf of bondholders; Jarvis Plc, on behalf of the group's major creditors; MG Rover, on behalf of the administrators; MyTravel Plc, on behalf of bondholders; British Energy, on behalf of major creditors; Railtrack Plc, on behalf of the Special Railway Administrators; Leeds United AFC, on behalf of the financers of a proposed rescue bid; Boston United FC, on behalf of the owners; Bradford City FC, on behalf of one of the club's major "football creditors"; Crystal Palace FC, on behalf of the club's bankers; Oxford United FC, on behalf of the club in relation to its CVA; Meridien Hotels , on behalf of the group companies; TXU Europe, on behalf of major creditors of the group; ITV Digital, on behalf of the company and the company's Administrators; ntl, on behalf of the company in relation to its restructuring; Enron, on behalf of the Administrators of the group companies; Cammell Laird Plc, on behalf of the administrators; Marconi Plc, on behalf of the companies bankers and bondholders; Global Crossing, on behalf of several group companies in the UK and Hong Kong; Energis Plc, on behalf of the company and the company's administrators; numerous schemes of arrangement, representing companies and creditors in relation to both solvent and insolvent schemes of arrangement across a variety of business sectors including: insurance, industrial, reinsurance, energy and leisure.

The Estate of Boris Berezovsky, acting for the trustees of the insolvent estate in relation to various proceedings concerning fraud and entitlement to assets under the control of the trustees) including: JSC Aeroflot v Forus Limited; Gorbunova v Berezovsky; B V B; Wood v Gorbunova; and an arbitration between the Estate and a high profile Russian billionaire / oligarch; Gudavadze v Carlina Overseas Company [2012] 6 JBVIC 1201, acting for the defendant company in a shareholder dispute in the BVI involving allegations of fraud and asset concealment);  JSC VTB Bank v Fobo Holdings Ltd BVIHC (COM) 117 OF 2013, successfully defending a claim for a freezing injunction against the defendant company in relation to proceedings involving allegations of fraud against the company and its Russian owner; Re NWV Fund Limited, acting for the liquidators of a fund created by Badri Patarkashvili and Boris Berezovsky in respect of various claims against the fund; Re Vintage Holdings Limited, acting for the company and the shareholders of the Company (being the niece of Vladimir Romanov) in relation to a dispute in the Isle of Man over assets said to have been acquired through fraud; Re Kekhman, advised the Russian former billionaire in relation to his English bankruptcy and proceedings brought against him by various Russian banks; The State of Brunei Darussalam v His Royal Highness Prince Jefri Bolkiah, on behalf of the State and Government of Brunei Darussalam and the Brunei Investment Agency in worldwide litigation to recover misappropriated State assets; Bernard Madoff, acting on behalf of the joint liquidators of several "feeder funds" based in the British Virgin Islands and for investors in other funds based in the Cayman Islands in relation to the recovery of assets lost as a result of the fraud; Saad Investments Company Limited v Al-Sanea, representing the claimant company - acting by its joint official Cayman Island liquidators in proceedings concerning an alleged US$9 billion fraud; Inland Revenue v Nissan UK Limited, on behalf of the company in relation to allegations of tax fraud; Barings Bank, on behalf of bondholders in relation to litigation and other issues arising upon the collapse of the bank; Maxwell, on behalf of the largest of the pension funds in relation to litigation in both England and New York to recover misappropriated pension fund assets; BCCI, on behalf of the Ruler of Abu Dhabi and the Majority Shareholders in relation litigation involving misappropriation of assets and other issues arising upon the collapse of the bank; DW Holdings Limited v Critical Logistic Support Limited, acting for the claimant shareholder in an "unfair prejudice" dispute in the BVI involving allegations of fraud and misappropriation of assets;

Re FIA Leveraged Fund, representing the hedge fund in a dispute with investors in the Cayman Islands; ESO Capital Luxembourg Holdings II SARL v Duet Real Estate Partners 1 LP, acting for the applicant in a dispute between two hedge funds in the Cayman Islands; Re Assetco Plc, on behalf of the company, sought and obtained an interim mandatory injunction against the company's CEO requiring him to vote in favour of a £16 million share placement; Renewable Power & Light Plc v Renewable Power & Light Services Inc, on behalf of the defendants, in proceedings as regards the effect of alleged repudiatory breach of contract on contractual obligations of confidence and production of documents; Enron Capital & Trade Resources Limited (in administration) v EDF Energy plc, on behalf of the administrators in pursuing a substantial transaction at an undervalue claim; CV Starr v AIG, on behalf of the CV Starr group and Maurice ("Hank") Greenberg);

Re Gertner; CFL Finance Ltd v Rubin [2017] EWHC 111 (Ch): a significant challenge to a voluntary arrangement proposed by a property tycoon once ranked amongst Britain’s richest individuals - alleged £600 Million in debt to 31 creditors including Kaupthing Bank and CFL.

Ronelp Marine Ltd v STX Offshore & Shipbuilding Co Ltd [2016] EWHC 2228 (Ch): a successful application to lift a stay of the Commercial Court action imposed under the Cross-Border Insolvency Regulations following the Defendant entering into Korean insolvency proceedings.

In re Elenin, decd; Lockston Group Inc v Wood [2016] 1 WLR 2091.

BG v BA (deceased) [2015] EWHC 3947 (Fam): Joint application for the court to construe a financial remedies consent order to determine whether the wife or the estate of the late husband ought to discharge €9.2m of French tax charged against a valuable French property.

Wood and Hellard v Gorbunova [2013]: 5 Costs LR 713.

Re Washington Special Opportunities Fund Limited: defence of a winding up application in relation to a hedge fund in the Cayman Islands.

Lockston Group Inc v Wood [2016] BPIR 94: defending a challenge to the appointment of the trustees to the insolvent estate of Mr Boris Berezovsky and dealing with the proper interpretation of the Administration of the Estates of Deceased Persons Order 1986.

Re Business Environment Fleet Street Ltd (in administration) [2015] 1 WLR 1167: operation of paragraph 72 of Schedule B1 of the Insolvency Act 1986.

Staray Capital Limited v Cha Yang [2014] ECSC J0714-2: acting for the majority shareholder in relation to a shareholder dispute.

Re UK Coal Operations Ltd [2014] 1 BCLC 471: ability of the Court to disapply provisions of the Insolvency Act 1986.

Wood v Gorbunova [2014] 1 BCLC 487: powers of Court appointed receivers.

Jemnice and EN SOF Property v European Real Estate Debt Sarl [2014] EWHC 1642 (Comm): defence of an application to restrain the enforcement of security by a secured creditor; interpretation of a facility agreement and consent order and the application of the principle of "reflective loss".

Riverbank Hotels Limited v City Centre Resources [2013] EWHC 4249 (Ch): disputed winding up petition.

JSC VTB Bank v. Fobo Holdings Ltd BVIHC (COM) 117 OF 2013: setting aside of a freezing injunction on the grounds of no arguable case.

Saad Investments Company Limited v. Al-Sanea [2012] EWCA Civ 313: appeal against dismissal of application to serve out of the jurisdiction in relation to proceedings to enforce a share option agreement.

Re FIA Leveraged Fund [2012 (1) CILR 248]: determination as to whether or not directors of a fund were entitled to distribute in specie to investors.

Assetco Plc v. Shannon [2011] EWHC 816 (Ch): Successful application for an interim mandatory injunction requiring the CEO of an AIM listed company to cast his vote in favour of an equity placement in the applicant in order to generate necessary working capital.   

Re The Sphinx Group of Companies [2010 (1) CILR 452]: appeared on behalf of the liquidation committee of the Sphinx companies in proceedings to determine the nature and extent of the jurisdiction of the Grand Court of the Cayman Islands to approve schemes of arrangement.

Kingate Global Fund Limited v. Knightsbridge (USD) Fund Limited [2009] CA (Bda) 17: Appeared in the Supreme Court of Bermuda and in the Court of Appeal of Bermuda in proceedings to determine whether monies for the purpose of subscribing for shares in a "Madoff feeder fund" were held on trust by the liquidators of the fund for the benefit of subscribers.

Band One Sdn Bhd and the Brunei Investment Agency v. Sol Properties Incorporated and Prince Jefri Bolkiah [2008 CILR 301]: Successful application to the Grand Court of the Cayman Islands on behalf of the plaintiffs to recover the shares in the company that owns the New Palace Hotel.

Renewable Power & Light Plc v. Renewable Power & Light Services Inc [2008] All ER (D) 170 (Apr): Effect of alleged repudiatory breach of contract on contractual obligations of confidence and production of documents. 

Re Whistlejacket Capital Limited [2008] EWHC 463 (Ch): Questions as to the proper interpretation of an insolvency acceleration clause in US medium term notes and the operation payment priority provisions contained in relevant security documents and their impact on the role and duties of receivers appointed pursuant to their terms. 

Re Oval 1742 Limited (in Creditors' Voluntary Liquidation) [2008] 1 BCLC 204 (Court of Appeal): "Taking possession" of property subject to a floating charge and the proper construction of Section 196 of the Companies Act 1985.

Prince Jefri Bolkiah v. State of Brunei Darussalam [2007] UKPC 62: Principles to be applied upon an application to recuse a judge for apparent bias.

Prince Jefri Bolkiah v. State of Brunei Darussalam [2007] UKPC 63: Enforcement of a contract giving rise to questions concerning principles relating to estoppel, undue influence, specific performance and admissibility of evidence.

Chantrey Vellacott v. Convergence Group Plc [2007] All ER (D) 492 (Jul): Basis for exercising the Court's jurisdiction under Section 51 of the Supreme Court Act 1981 to make non-party costs orders. 

Re Continental Assurance Company of London Plc [2007] 2 BCLC 287: The leading case on wrongful trading.

State of Brunei Darussalam v. Prince Jefri Bolkiah [2005] All ER (D) 354 (Jun): Basis upon which a committal application may be amended.

State of Brunei Darussalam v. Prince Jefri Bolkiah [2005] All ER (D) 250 (Mar): Enforcement of order for disclosure made pursuant to Section 25 of the Civil Jurisdiction and Judgments Act 1982.

Re Mytravel Group Plc [2005] 2 BCLC 123 (CA): Guidance given as to the proper application of the Practice Statement applicable to schemes of arrangement under Section 425 of the Companies Act 1985.

Re Mytravel Group Plc [2005] 1 WLR 2365: The nature of a "reconstruction" under Section 427 of the Companies Act 1985.

Re Brightview Limited [2004] BCC 542: Interests of nominee and beneficial shareholders under Section 459 of the Companies Act 1985 and the inter-action between the remedies available under that section and the principle of "reflective loss".

Re Railtrack plc (in railway administration) [2003] All ER (D) 300: Approval of the remuneration of special railway administrators by the Court. 

Winsor (as Rail Regulator) v. Bloom and Ors [2002] 1 WLR 3002 (CA):  Application of Section 11 of the Insolvency Act 1986 (as modified by the Railways Act 1993) to the exercise of specific powers of the Rail Regulator.