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Eleanor Stephens#4325

Eleanor Stephens

Solicitor
Eleanor qualified in 1998 into the insolvency team at ASB law. She became a partner in 2005, and went on to head up the Recovery & Insolvency team and latterly the Dispute Resolution team incorporating the R&I team. Whilst originally specialising mainly in contentious corporate insolvency matters, in recent years she also moved into the non-contentious arena, in particular specialising in advisory work and company administrations. For many years she led a team acting for the Department of Business Innovation and Skills in disqualifying company directors for the Secretary of State. Eleanor joined Lexis Nexis in February 2011 to set up the Lexis PSL Restructuring & Insolvency product, heading up a team of in house lawyers writing on line content for lawyers and insolvency practitioners. Eleanor now works as a freelance solicitor, including writing for Lexis Nexis.
Contributed to

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A claimant is pursuing a claim against their former employer in the Employment Tribunal for unfair dismissal and discrimination. What would happen to their claim and/or any settlement agreement reached if the employer becomes insolvent? If the employer does go into administration, what action can be taken to protect the claimant's position? The employer's insurance provider is funding/supporting the litigation. What would be position regarding the insurance company upon the employer becoming insolvent?
A claimant is pursuing a claim against their former employer in the Employment Tribunal for unfair dismissal and discrimination. What would happen to their claim and/or any settlement agreement reached if the employer becomes insolvent? If the employer does go into administration, what action can be taken to protect the claimant's position? The employer's insurance provider is funding/supporting the litigation. What would be position regarding the insurance company upon the employer becoming insolvent?
Q&As
A statutory demand is served on an individual, the debt is paid, but the demand is not withdrawn. Where subsequent arrears have fallen due a year later, can the creditor rely on the original demand as a ground for presenting a bankruptcy petition? If a bankruptcy petition is presented on that basis, can the petition be amended to include the subsequent arrears?
A statutory demand is served on an individual, the debt is paid, but the demand is not withdrawn. Where subsequent arrears have fallen due a year later, can the creditor rely on the original demand as a ground for presenting a bankruptcy petition? If a bankruptcy petition is presented on that basis, can the petition be amended to include the subsequent arrears?
Q&As
Can a professional negligence claim be brought against a discharged bankrupt (B) or their estate where the alleged negligence relates to the period prior to the making of B's bankruptcy order?
Can a professional negligence claim be brought against a discharged bankrupt (B) or their estate where the alleged negligence relates to the period prior to the making of B's bankruptcy order?
Q&As
Can an unsecured creditor assign its debt in an administration estate?
Can an unsecured creditor assign its debt in an administration estate?
Q&As
Can section 423 of the Insolvency Act 1986 (transactions defrauding creditors) provide a remedy where a creditor (C) obtains judgment against a debtor (D) and gives notice of its intention to secure the judgment by way of a charging order over D’s property, but D disposes of the property at an undervalue before C can obtain an interim charging order?
Can section 423 of the Insolvency Act 1986 (transactions defrauding creditors) provide a remedy where a creditor (C) obtains judgment against a debtor (D) and gives notice of its intention to secure the judgment by way of a charging order over D’s property, but D disposes of the property at an undervalue before C can obtain an interim charging order?
Q&As
Does holiday pay rank as an expense of administration for furloughed employees?
Does holiday pay rank as an expense of administration for furloughed employees?
Q&As
Does the new moratorium introduced by the Corporate and Insolvency Governance Act 2020 apply to un-liquidated claims for compensation (for example, for discrimination) prior to the commencement of the moratorium? How does a claimant seek permission to issue or continue such proceedings if a statutory moratorium commences?
Does the new moratorium introduced by the Corporate and Insolvency Governance Act 2020 apply to un-liquidated claims for compensation (for example, for discrimination) prior to the commencement of the moratorium? How does a claimant seek permission to issue or continue such proceedings if a statutory moratorium commences?
Q&As
In a creditor’s voluntary liquidation, where the creditors have instigated a decision procedure for the removal of the incumbent liquidator, is the liquidator required to file a report to creditors (akin to a progress report or a final report) separate to the notice it sends to creditors under the Insolvency (England and Wales) Rules 2016, SI 2016/1024, r 15.8?
In a creditor’s voluntary liquidation, where the creditors have instigated a decision procedure for the removal of the incumbent liquidator, is the liquidator required to file a report to creditors (akin to a progress report or a final report) separate to the notice it sends to creditors under the Insolvency (England and Wales) Rules 2016, SI 2016/1024, r 15.8?
Q&As
In order for a creditors’ committee to be formed in an administration, is a decision of the creditors (by way of a resolution passed by over 50% of creditors) required?
In order for a creditors’ committee to be formed in an administration, is a decision of the creditors (by way of a resolution passed by over 50% of creditors) required?
Q&As
In relation to the appeal against decision on proof under the Insolvency (England and Wales) Rules 2016, SI 2016/1024, r 14.8(2), is the 21-day deadline based on clear days, business days or just standard days?
In relation to the appeal against decision on proof under the Insolvency (England and Wales) Rules 2016, SI 2016/1024, r 14.8(2), is the 21-day deadline based on clear days, business days or just standard days?
Q&As
Is there an equivalent to section 271(3) of the Insolvency Act 1986 that applies to winding-up petitions (either statutory or via common law)? Can a court refuse to make a winding-up order on the basis that the petitioning creditor has failed to accept an offer that no reasonable petitioning creditor in its position would have refused?
Is there an equivalent to section 271(3) of the Insolvency Act 1986 that applies to winding-up petitions (either statutory or via common law)? Can a court refuse to make a winding-up order on the basis that the petitioning creditor has failed to accept an offer that no reasonable petitioning creditor in its position would have refused?
Q&As
Is there any authority on whether a foreign limited partnership incorporated in the British Virgin Islands can be put into administration in the UK? Does the Insolvent Partnerships Order 1994, SI 1994/2421, apply to foreign (non-registered) entities such as limited partnerships?
Is there any authority on whether a foreign limited partnership incorporated in the British Virgin Islands can be put into administration in the UK? Does the Insolvent Partnerships Order 1994, SI 1994/2421, apply to foreign (non-registered) entities such as limited partnerships?
Q&As
The director of a company in liquidation has an outstanding directors loan account which the liquidator is seeking to recover. The director has promised to pay the outstanding loan amount but can only do so once his property has been sold. The liquidator wants to secure this debt in the meantime by way of a second charge over the director’s property. Would the charge be caught by the Consumer Credit Act? And if so, are any exemptions which the liquidator may be able rely on?
The director of a company in liquidation has an outstanding directors loan account which the liquidator is seeking to recover. The director has promised to pay the outstanding loan amount but can only do so once his property has been sold. The liquidator wants to secure this debt in the meantime by way of a second charge over the director’s property. Would the charge be caught by the Consumer Credit Act? And if so, are any exemptions which the liquidator may be able rely on?
Q&As
Where a company has entered into creditors’ voluntary liquidation after issuing a claim against another company, is there a common law or CPR duty to notify a defendant of the liquidation? Furthermore, is there a common law or CPR duty to head court documents with the words ‘in liquidation’ after the claimant’s name? If there is, will future court documents need to be amended in this way?
Where a company has entered into creditors’ voluntary liquidation after issuing a claim against another company, is there a common law or CPR duty to notify a defendant of the liquidation? Furthermore, is there a common law or CPR duty to head court documents with the words ‘in liquidation’ after the claimant’s name? If there is, will future court documents need to be amended in this way?
Q&As
Where a company in litigation may shortly go into administration, what are the obligations of the company both in relation to the court proceedings, specifically in terms of which parties should be notified and when?
Where a company in litigation may shortly go into administration, what are the obligations of the company both in relation to the court proceedings, specifically in terms of which parties should be notified and when?
Q&As
Where a connected party purchaser in a pre-pack administration receives an evaluator’s report under the Administration (Restrictions on Disposal etc to Connected Persons) Regulations 2021, and that report is negative (owing to a lack of information provided), can the purchaser obtain a second report? Can the administrators proceed with the sale on the basis of a second report where the first was negative?
Where a connected party purchaser in a pre-pack administration receives an evaluator’s report under the Administration (Restrictions on Disposal etc to Connected Persons) Regulations 2021, and that report is negative (owing to a lack of information provided), can the purchaser obtain a second report? Can the administrators proceed with the sale on the basis of a second report where the first was negative?
Q&As
Where a subsequently-appointed office-holder wishes to bring a claim against a former administrator for misapplication of the company’s monies, does limitation begin on the date of the misapplication, or on the date of the subsequent office-holder’s appointment?
Where a subsequently-appointed office-holder wishes to bring a claim against a former administrator for misapplication of the company’s monies, does limitation begin on the date of the misapplication, or on the date of the subsequent office-holder’s appointment?
Q&As
Where administrators are appointed to a company and the notice of appointment includes confirmation that they can act jointly and severally (as required by paragraph 100 of Schedule B1 to the Insolvency Act 1986 (IA 1986)), does the power to act jointly and severally automatically carry over into creditors voluntary liquidation (CVL) if the administration is converted to CVL pursuant to IA 1986, para 83 of Sch B1 and the same office-holders are appointed?
Where administrators are appointed to a company and the notice of appointment includes confirmation that they can act jointly and severally (as required by paragraph 100 of Schedule B1 to the Insolvency Act 1986 (IA 1986)), does the power to act jointly and severally automatically carry over into creditors voluntary liquidation (CVL) if the administration is converted to CVL pursuant to IA 1986, para 83 of Sch B1 and the same office-holders are appointed?
Q&As
With reference to the Corporate Insolvency and Governance Bill, what is the end of the plan or exit from the plan for the ‘cross-class cram down’ scheme of arrangement? Will you have to go to court for them to confirm the terms of it have been satisfied? How will the plan come to an end?
With reference to the Corporate Insolvency and Governance Bill, what is the end of the plan or exit from the plan for the ‘cross-class cram down’ scheme of arrangement? Will you have to go to court for them to confirm the terms of it have been satisfied? How will the plan come to an end?
Q&As

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