Benn Richards

Biography

Benn is a Senior Associate solicitor who specialises in all aspects of restructuring and insolvency (personal and corporate), as well as commercial litigation. He joined Russell-Cooke in July 2014.
Benn qualified as a solicitor in 2003, a solicitor-advocate in 2005 and is qualified to act as a solicitor-advocate in the Eastern Caribbean Court.

Benn's restructuring & insolvency experience includes:

â?¢	Successfully acting for the petitioning creditor (as well as appointing provisional liquidators) in the reported case of Lacontha Foundation vGBI Investments Limited[2010] EWHC 37 (Ch), a complicated multi-jurisdictional dispute concerning the beneficial ownership of bearer shares.
â?¢	Acting for the Swiss liquidator of Schweizerische Luftverkehr AG, in the reported cases of SwissAir [2009] All ER (D) 153 (Aug) where applications were made under the UNCITRAL model law on cross-border insolvency for recognition of the Swiss liquidators and remission of assets out of the jurisdiction.
â?¢	Acting for a non-executive director of a failed PLC in respect of a substantial misfeasance claim brought against him by the liquidators of the PLC. Successfully settling the claim. 
â?¢	Acting for insolvency practitioners on a number of Insolvency Act 1986 claims, including applications for possession and sale of family homes in bankruptcy and Income Payment Orders in respect of pensions.
â?¢	Advising the board of a well-known firm of accountants that was placed into administration, drafting and dealing with the suite of administration appointment documents.
â?¢	Advising a number of German and Irish citizens on the implications of moving to England & Wales to benefit from the Insolvency Act 1986, assessment of COMI risks and the implications that an English bankruptcy would have on domestic assets (i.e. pensions, property) and domestic divorce proceedings.
Benn's commercial litigation experience includes:
â?¢	Acting for a group of investors who had been defrauded under a "ponzi" scheme, including obtaining urgent worldwide freezing and disclosure orders, Norwich Pharmacal Orders and obtaining judgment for over £45m.
â?¢	Acting for a liquidator of a Cayman fund, which was a feeder fund to a well-known failed fraudulent ponzi scheme in New York. The case involved cross-border insolvency proceedings and proceedings against a major UK clearing bank, and advising on parallel proceedings in New York.
â?¢	Acting for the liquidator of a company in members' voluntary liquidation in defending proceedings issued by a major UK clearing bank following rejection of its proof of debt. The proceedings issued by the bank concerned an alleged unlawful "day 1 distribution" by the liquidator of company cash to its former members.
â?¢	Acting for shareholders in shareholder disputes, including minority shareholder disputes and petitions brought under section 994 Companies Act 2006.

Benn is a full member of the Association of Business Recovery Professionals (R3) and has lectured on a variety of insolvency topics for R3, Resolution, LexisNexis, and Central Legal Training. Benn has also been published many times in the Corporate Rescue & Insolvency Journal and is currently writing the Fraud & Misfeasance Chapter for the loose-leaf Tolley's Insolvency Law Service and jointly wrote (with Lee Ranford) a chapter on insolvency of law firms for the Jordans publication "the Law of Legal Services".





Areas of Practice

Restructuring & Insolvency

Education

University of Bristol, College of Law