Restructuring and insolvency
Caleb is part of the firm's leading restructuring and insolvency team recognised by Legal 500 as having "strong technical and commercial skills across both contentious and non-contentious insolvency work". Caleb has advised clients of all descriptions in relation to restructuring and insolvency situations.
Bankruptcies
Various personal insolvencies ranging from the domestic, involving sale and possession orders, eviction orders, setting-aside bankruptcy petitions, to the complex and high profile, involving recalcitrant individuals with multi-million pound debts and disputed assets in various jurisdictions. Notable Bankruptcies include Boris Becker and Gergory Trefilov (former Russian Oligarch).
Corporate insolvency
Advising insolvency practitioners on the full ambit of matters arising in corporate insolvency including: pre-pack sales, retention of title issues, antecedent transactions, validity of appointments, adjudication of proofs of debt, assignment of claims. Notable corporate insolvencies include Bell Pottinger (the collapsed public relations firm), Flybe, Lion Air, Bolton Wanderers Football Club
Sale of Bolton Wanderers Football Club
Advising the administrators on the successful high profile rescue of Bolton Football Club though a complex asset sale involving multiple stake holders, the settlement and novation of secured debt, the release and retaking of security, various employment issues and ensuring a requisite disposition to the unsecured creditors to satisfy the EFL’s insolvency rules.
Defending directors
Advising former directors on a claim for breach of fiduciary duty brought against them by an administrator.
Acting for creditors
Pursuing debt recovery for creditors, if necessary appointing receivers/administrators and winding-up companies. Advising on IVAs.
Receivership - Deutsche Bank v Sebastian Holdings, Inc
Acting for Court appointed receivers, in multi-jurisdictional litigation, in connection with Deutsche Bank's efforts as judgment creditor to enforce US$235 million plus interest, following the decision of Mr Justice Cooke in Deutsche Bank AG v Sebastian Holdings Inc.
Scheme of arrangement
Advising independent directors in a novel scheme of arrangement set up by a financial services company involving two million consumers. Stakeholders included regulatory authorities and eleven major banks.
CBIR recognition
Successfully having French Conciliation Proceedings recognised as "foreign proceedings" by the English Court under the Cross Border Insolvency Regulations (CBIR) – this is the first time that this had been done.
More: Restructuring and insolvency
Commercial litigation
Caleb has a broad commercial disputes practice that encompasses a wide variety of litigation and investigations.
Insolvency
Covering both corporate and personal matters, Caleb acts for all stakeholders in the insolvency process. His particular focus is court driven and contentious matters, including Insolvency Act applications and full-blown litigation/dispute resolution.
Commercial dispute – Sotheby’s vs Mark Weiss Ltd and Ors
Acting for an established London old master dealer in a high profile authenticity dispute regarding a Hals painting sold privately through Sotheby's. The dynamic case involved disputes over contract law, agency law, forensic analysis of paint. It also involved taking evidence from multiple jurisdictions. The case was much reported in both the legal and international press.
Insurance disputes
Experience in both the obtaining of D&O policies as well as litigating on behalf of insureds for the recovery of payment from insurers pursuant to a D&O policy.
Investment banking litigation
Acted for a large hedge fund on a range of complex and high-value litigation relating to mis-management of investments by the fund manager.
Fraud and asset tracing
Caleb's work for insolvency practitioners often involves tracing the proceeds of fraud that has caused corporate or personal insolvency.
Trust litigation
Recent experience of litigation arising out Employment-Financed Retirement Benefit Schemes (EFRBS) and Employee Benefit Trusts (EBTs) set up for football players, sometimes with a divorce/family element.
More:
Commercial litigation
Finance litigation
Caleb has broad experience of achieving successful outcomes for clients in a range of high value disputes.
Investment banking litigation
Acted for a large hedge fund on a range of complex and high-value litigation relating to mis-management of investments by the fund manager.
Investor disputes
Acting in two sets of proceedings arising out of the fraud orchestrated by Bernard Madoff.
Insolvency
Caleb regularly advises, as creditors, financial institutions on how to recover their debts from recalcitrant, financially distressed or insolvent counterparties.