Aileen McErlean

Gatehouse Chambers

Aileen has a broad based commercial practice with particular emphasis on company and insolvency matters. She has considerable experience in contractual and commercial disputes and civil fraud claims. Aileen is also regularly instructed in asset-based lending claims and guarantee disputes. Aileen appears regularly in the High Court (primarily unled) and is able to advise on litigation strategy, interim applications and ADR. She acts on behalf of insolvency practitioners, technology multi-nationals, utilities companies, banks, accountants and insurers in complex, high value claims.

Contributed to

3

Defences to Tort Claims

Practice notes

This Practice Note considers the various defences to tort claims, including contributory negligence (Law Reform (Contributory Negligence) Act 1945), consent or volenti non fit injuria, ex turpi causa (claimant wrongdoing), necessity and self-defence and exclusions and limitations of liability (Unfair Contract Terms Act 1977 and Unfair Terms in Consumer Contracts Regulations 1999).

Dispute Resolution

Foreign currency claims

Practice notes

This Practice Note considers the issue of bringing a claim in a foreign currency. In doing so it explains the underlying case law as to whether a claim can be brought in a foreign currency and how to bring such a claim. It also considers how a defendant can challenge a claim brought in a foreign currency.

Dispute Resolution

Suspension of discharge from bankruptcy under section 279(3) of the Insolvency Act 1986

Practice notes

This Practice Note, produced in partnership with Aileen McErlean of Gatehouse Chambers and amended in light of the Insolvency (England and Wales) Rules 2016 by Amit Gupta of St Philips Chambers, looks at the suspension of a bankrupt’s discharge from bankruptcy under section 279(3) of the Insolvency Act 1986.

Restructuring & Insolvency