Nikki Brastock

Relevant experience

• Joint Liquidators: Advised the former liquidators of a company in respect of recovery of their fees under the terms of a Deed of Indemnity provided by the members of the liquidated company.
• Joint Trustees in Bankruptcy: Advised the trustees of a deceased estate – where the deceased was the subject to an individual voluntary arrangement which concluded due to the debtor’s passing – on the extent of the duties of the original nominee and the ultimately appointed nominee in evaluating and assessing the content of the debtor’s proposal, in particular having regard to the various assets which fell outside of the proposal, and ultimately approved the arrangement pursuant to which £2.25m was proposed to settle debts in excess of £4.5m.
• Joint Trustees in Bankruptcy: Assisted the trustees in advancing a claim for the former matrimonial home, which was solely registered in the name of the bankrupt, in circumstances where the bankrupt was a victim of domestic abuse and controlling behaviour, and was in protective housing having procured the benefit of a non-molestation order against her former husband, who remained in the property. Further complexities were encountered when the mortgagee advanced possession proceedings - which the estranged husband sought to defend on his own behalf and that of his then deceased mother on grounds of a resulting/constructive trust.
• Joint Trustees in Bankruptcy: Assisted the trustees in pursuing various claims arising from transfers made immediately prior to the bankruptcy order, namely challenging and setting aside a sham transfer of land and recovering funds diverted to bankrupt’s wife. Also assisted the trustees in responding to the bankrupt’s intended application to annul his bankruptcy. 
• Corporate Landlord: Advised the landlord on the consequences of the insolvency of their corporate tenant, the office holders’ initial occupation of the premises and their subsequent disclaimer of the lease once the tenant had been placed into liquidation. Also assisted in submitting the client’s claim in the liquidation estate in respect dilapidations and future rents as a claim for compensation pursuant to s.178 Insolvency Act 1986.
• Individual Property Developer: Assisted an ultimate beneficial owner in defending multiple statutory demands served against group companies from the same creditor, arising out of various property projects at varying times, in the value of c.£700,000. Moreover, delivering an outcome which ensured the prior business relationship between the developer and creditor was maintained, to enable the continued and future business relationship.
• Corporate Client: Assisted a multi-million pound brewery company in defending a statutory demand served in respect of a disputed debt, and advancing a successful application to restrain the presentation of a winding-up petition in respect of that disputed debt.
• Corporate Client: Assisted our client in pursuing debts by serving statutory demands for payment due under personal guarantees; and subsequently assisted the company in it’s defence of the applications to set aside the statutory demands brought by the debtors. 
• Commercial client: Assisted an education provider in successfully defending a statutory demand served by a service provider for an alleged debt arising under a European Social Fund Contract for Services Education and Training, where the service provider had been engaged by the client to assist in delivering services in discharge of its obligations under a prime contract with the  Education and Education and Skills Funding Agency.
• Individual Clients, Directors: Following a number purchases of businesses from office holders, advised the director clients of their obligations under s.216 of the Insolvency Act 1986, the so called ‘prohibited names’ provisions, and assisted the client to take the requisite actions to enable them to take advantage of the ‘permitted exceptions’ provided by The Insolvency Rules.  
• Individual Client, Creditor: Assisted our client – a French National - in recovering a judgment debt arising from a decision of the French employment appeal tribunal against a limited company registered in England and Wales in unusual circumstances: Whilst the company had been represented at the final hearing in the French employment appeal tribunal, it had been voluntarily struck off the register of companies upon the application of its sole director, an American national and citizen who was also the CEO of the American parent corporate. Issues on which advice was provided included recognition of the French judgment; restoration of the company to the register of companies, recovery action for the judgment debt and the statutory duties enshrined in s.1006 and 1007 Companies Act 2006. Our robust letter before action, prompted an immediate response from the American parent corporate, which led a settlement significantly in favour of our client.
• Individual Client, Respondent: Advised an individual in defending claims from trustees in bankruptcy in respect antecedent transactions and a claim to the former matrimonial home, where the trustees relied on the evidence submitted in POCA proceedings - which the undischarged bankrupt was subject too - that the funds used in the transactions and purchase of the property were alleged proceeds of crime. The key issues in this matter involved the interplay between the concurrent crown court and civil court proceedings.
• Individual Client, Former Bankrupt: Advised a former bankrupt in defending a claim from a trustee in bankruptcy in respect of an interest in freehold property, where a defence of constructive trust was advanced as a means of reversing the unjust enrichment that would be caused should the trustee realise his purported interest.
• Individual Client: Advised the beneficial owner of freehold property on a Trustees Act application which was required to obtain a vesting order of freehold property, where that property was held by a limited company which had been placed into a creditor’s voluntary liquidation and latterly dissolved.