Alan Bennett
Partner
T: +44 (0)1392 333974
F: +44 (0)1392 336974
a.bennett@ashfords.co.uk
Alan is a Partner in the Restructuring and Insolvency Team. He specialises in insolvency (both corporate and personal), dealing with insolvency practitioners, secured lenders, unsecured creditors and directors. Alan has developed a niche in cross border insolvency cases dealing with the reported cases of Rivkin [2008] EWCH 2609 (Ch) and Loy [2011] BPIR 181. He is the lead lawyer acting for the Trustee in the Court of Appeal in Stonham v Ramrattan [2011] EWCA Civ 119.
Alan is a member of the Insolvency Lawyers Association, the Association of Business Recovery Professionals (R3), Insol and is on the South West Regional Committee and the national Education Conferences and Courses Committee of R3.
Recent projects undertaken include:
- Acting for the Australian Trustee in Bankruptcy of flamboyant ex stockbroker Rene Rivkin in obtaining recognition of the bankruptcy in the High Court. Obtaining a freezing order with disclosure order in Jersey securing assets worth in excess of AUS$3million. Subsequent application for disclosure of documents pursuant to UNCITRAL Model Law resulting in an intervention by a third party claiming disclosure would infringe his human rights. [2008] EWCH 2609 (Ch);
- Acting for the Administrator of six radio stations whilst he traded and subsequently sold the business;
- Acting for the Trustee in reversing a transaction at an undervalue in Stonham v Ramrattan [2011] EWCA Civ 119 including establishing in the Court of Appeal that "use it or lose it" does not apply to transaction at an undervalue cases;
- Partial restructuring of a multi national plc dealing with 15 MVLs;
- Acting on behalf of a Trustee to obtain formal recognition of the foreign proceeding, tracing assets across continental Europe and private examinations under the UNCITRAL model law;
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Acting for the joint Trustees of the owner of a multi-million pound "buy to let" portfolio in trading the business to allow a sale of the portfolio; and
- Advising a Canadian charge holder on the options available to them in relation to an English division of a Canadian company which had entered chapter 11 proceedings resulting in the subsequent sale of the business and significant recoveries to the chargeholder.
Alan Bennett is based in Exeter and deals with the full range of corporate and personal insolvency issues. He is particularly experienced in dealing with cross-border insolvency issues.
Chambers Guide to the UK Profession, 2012 Edition
Alan is ranked as a leader in his field by Chambers 2010.
"Diligent, pragmatic and down-to-earth," Alan Bennett is recognised for his work on behalf of IPs, directors, lenders and debtors on insolvency litigation and business turnaround".
Chambers Guide to the Legal Profession, 2009 Guide