Vanessa Stuart

Senior Associate

Vanessa Stuart

Senior Associate Manchester Corp. Recovery and Insolvency

Vanessa joined JMW Solicitors as a Senior Associate in the Corporate Recovery and Insolvency team in Manchester in January 2020. Vanessa deals with all aspects of restructuring, corporate recovery and insolvency; both contentious and non-contentious, and corporate and personal matters.

Vanessa is regularly instructed on behalf of insolvency practitioners to deal with a variety of work including antecedent transaction and insolvency claim advice and recovery, and business and asset sales out of insolvency.

Vanessa regularly advises those who are facing claims brought by insolvency practitioners, and has expertise in advising directors of their duties and obligations where their company is, or may be, insolvent, director disqualification matters and s. 216 advice.

Vanessa also carries out security reviews on behalf of lenders and corporates and provides advice relating to their options in a default or distressed situation.

Vanessa passed the Joint Insolvency Examination Board exams in November 2013 and is a member of R3, the leading membership organisation for specialist insolvency, restructuring, advisory and turnaround professionals.

You can follow Vanessa on Instagram, @TheInsolvencyLawyer, where she posts about insolvency and bankruptcy law issues.

Recent work highlights

  • Successfully acting on behalf of the appellant, in a matter involving the interpretation of section 265 of the Insolvency Act 1986. The Court found that the appellant had not carried on a business for the purposes of Section 265 by reason of engaging in share sale discussions, particularly in the context of a corporate rescue attempt (as compared to the position in Gate Gourmet Luxembourg IV Sarl and another v Morby [2015] EWHC 1203 (Ch) where a sale transaction had been concluded).
  • Advising numerous landlords and concessionaires in respect of the proposed Company Voluntary Arrangements (CVA) of New Look, Mothercare, Homebase, House of Fraser, Select and other well-known retailers.
  • Advising the Administrator in respect of a trading administration of company that supplied pre-prepared food to a number of national supermarkets.
  • Acting for the petitioning creditor in respect of a heavily opposed bankruptcy petition. The petition was opposed on the grounds that the petitioning creditor had undervalued its security and consumer credit challenges to clauses in the loan document.
  • Successfully acting for the shareholders of a company in Members’ Voluntary Liquidation in respect of claim issued against the Company (in MVL) by a creditor, despite the liquidator having rejected the creditor’s proof of debt and there being no application to challenge this decision in accordance with the Insolvency Rules.

Reported cases

  • Elliot Green (the Trustee in Bankruptcy of Robert John Austin) v Georgina Austin [2014] BPIR 1176
  • HMRC v EP Consultants (UK) Limited (In Provisional Liquidation); EP Consultants (UK) Limited (Provisional Liquidation) v Chahal & Ors
  • David George Charlton v (1) Funding Circle Trustee Limited & (2) Joanne Wright [2019] EWHC 2701 (Ch) ​​​​​​

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