Adam is experienced in all aspects of insolvency and bankruptcy giving both litigious and non-litigious advice and acts for insolvency practitioners, creditors and debtors.
Experience and Expertise
He is particularly experienced in both drafting and enforcing security documentation and advising in relation to restructuring.
He has an impressive track record for dealing with complex cases requiring multi-disciplinary expertise because of his ability to cover insolvency as well as company and/ or fraud aspects.
For example, he has special expertise on both sides of misfeasance and fraud actions as well as in dealing with the problems of defective administration appointment and cross border issues under the EC Directive on Insolvency and UNCITRAL. In addition to pieces for Practical Law, he is the author of various practice notes on CVAs within the Lexis PSL insolvency chapter.
Cases and Work of Note
- Re Orchid Phoenix Limited: representing National Asset Management Agency in relation to in winding up proceedings against a substantial commercial property vehicle.
- Re Hellas Telecommunications: This case raises important and interesting questions about the interrelation of Luxembourg and English law of privilege and the EU Insolvency Directive. It concerned an application by liquidators of a Luxembourg Registered Company liquidated in England, against the company’s Luxembourg lawyers (represented by Adam).
- Heating Electrical Lighting & Piping Limited v Estate of Ross (deceased)  BPIR 122: claim for misfeasance and misappropriation against estate of deceased director. An interesting and difficult case involving both corporate and personal insolvency as the personal defendant first died and then latterly his executors had his estate placed under an administration of insolvent estates order. The judge decided an important point on the issue of the effect of the stay on bankruptcy of the deceased on continuation of the action and about the liability of executors for costs.
- Anglo German Breweries v Chelsea Corporation Inc & others  EWHC 1481 (Ch): Adam acted for the claimant in this significant case involving piercing the corporate veil so as to be able to recover the assets of a foreign registered bearer share corporation to satisfy judgment against a director of the Claimant company.
- Hunt v Harb and another  IWLR 317: Adam acted for the appellant bankrupt in this important case in which the Court of Appeal considered the question of whether an insolvency practitioner may assign to the bankrupt a claim in return for a share of the proceeds without remaining potentially liable for the costs of the ensuing action by the assignee.
- Med-Gourmet Restaurants Ltd v Ostuni Investments Ltd  BCC 417: a significant case which gives guidance as to whether creditors should be entitled to insist on the appointment of their own choice of administrator even when the directors’ choice has the support of the majority of creditors.