Kate Rogers

Radcliffe Chambers

Kate undertakes a broad spectrum of commercial litigation whilst specialising in insolvency. She regularly appears in both the High Court and the County Court, with significant trial and injunctive advocacy experience.

Kate’s insolvency practice encompasses, sham transactions; transactional avoidance; preference payments; defrauding creditors; trust deeds; declaratory relief; income payments orders; enforcement; contested winding up proceedings; administration orders; and injunctive relief, both in respect of freezing orders and in respect of the presentation/advertisement of winding up petitions. This includes proceedings in which there is a foreign jurisdictional element and in which it is necessary to advise on the cross-boarder part of the claim.

In addition, Kate has experience of the law of receivership, the appointment of receivers, and their duties. She has successfully acted for receivers in claims brought against them and in obtaining injunctive relief.

Contributed to

3

Can you wind-up a company when the debt is disputed?

Practice notes

This Practice Note, produced in partnership with Kate Rogers of Radcliffe Chambers, looks at the circumstances in which a debtor company may—or may not—be wound up where the petition debt is disputed on genuine and substantial grounds. Such circumstances include where the debtor company has a counterclaim or cross-claim against the petitioning creditor, and where the debtor is balance sheet solvent but cash flow insolvent.

Restructuring & Insolvency

Factors the court will take into account when deciding whether to lift or impose a liquidation stay

Practice notes

This Practice Note, produced in partnership with Kate Rogers of Radcliffe Chambers, looks at stays of proceedings (usually actions brought by creditors) in the context of liquidations, including what a liquidation stay is, when a liquidation stay will apply, the purpose and effect of a liquidation stay on creditors and creditors’ actions, the factors the court will take into account when either lifting or imposing a liquidation stay and how to make an application to lift a liquidation stay.

Restructuring & Insolvency

The moratorium in administration

Practice notes

This Practice Note looks at the automatic moratorium, or stay, which arises when a company enters administration. It considers the purpose of the moratorium, when it applies, its scope and effect. It also considers how to proceed when there is a moratorium in place and the factors the court will take into account when faced with an application to lift the moratorium.

Restructuring & Insolvency