Band 2
Provided by Steven Fennell
Insolvency:
Steven has extensive experience of insolvency practice and litigation. With 15 years of experience as an insolvency practitioner prior to his transfer to the Bar in 2014, he is admired for his ‘ridiculously large technical arsenal’, commercial awareness, and ‘ability to make complex technical insolvency issues understandable’.
Steven was the moderator of the JIEB Administrations, Company Voluntary Arrangements and Receiverships paper from 2008 to 2017.
Steven’s insolvency practice extends to:
- Asset recovery, including cross-border litigation
- Corporate insolvency litigation, including wrongful trading, fraudulent trading, misfeasance, preferences and transactions at undervalue
- Personal insolvency litigation, including disputes as to the bankrupt’s ownership of property, asset recovery, private examinations and challenges to the approval of voluntary arrangements
- Applications to the court to remove insolvency practitioners from appointments
- Contested remuneration applications
- Advisory work and litigation in relation to insolvent professional practices
- Defending insolvency practitioners in regulatory proceedings brought by their professional bodies
- Missing trader and similar fraud claims involving HMRC, including provisional liquidations
- Non-contentious advisory work in relation to corporate and insolvency transactions
- Defending directors’ disqualification actions
As a barrister, Steven has successfully completed a number of insolvency cases, including:
MTA Personal Injury Solicitors LLP v Wiseglass [2024[ EWHC 2208 (Ch) (contested remuneration application)
Gudmundsson v Lin [2024] EWHC 1576 (Fam), Reid Roberts v Lin [2024] EWHC 759 (Ch) (Validity of electronic signatures, validity of agreements between divorcing spouses, possession and sale of matrimonial home where exceptional circumstances are found)
Fish v Sky Apartments 2018 Ltd [2022] EWHC 763 (Ch); Re Sky Building Ltd [2020] EWHC 3139 (Ch) (Equitable liens arising from off-plan sales; administration)
Re JDK Construction Ltd [2024] EWCA Civ 934 (Court of Appeal decision on the effect of fraudulent alterations to a company’s register of members)
Re Brookmann Home Ltd [2021] EWHC 2610 (Ch) – (directors’ misfeasance)
Re Wolf International Ltd [2021] EWHC 500 (Ch) – (disputed administration appointment)
Re Ide [2020] EWCA Civ 1469 (limitation periods in insolvency litigation)
Re Robinson [2020] EWHC 2928 (Ch) – (trustee in bankrupt’s powers to trade the bankrupt’s business)
Lin v Gudmundsson [2021] EWHC 820 (Ch) (wife’s application to annul husband’s bankruptcy following creditor’s petition)
Sky Building Limited v HMRC and Others [2020] EWHC 3139 (Ch) (application to sell fixed charge assets under para 71 of Sch B1 to the Insolvency Act 1986)
HH Aluminium & Building Products Ltd v Bell [2020] EWCA Civ 1469 (limitation and service in Insolvency Act litigation)
Leopard v Robinson [2020] EWHC 2928 (Ch) (powers of a trustee in bankruptcy to trade on)
Nosnehpetsj Limited v Watersheds Capital Partners Limited [2020] EWHC 1938 (Ch) (misfeasance in relation to share transfers)
Re North Point Global Ltd [2020] EWHC 1648 (Ch) (admissibility of Insolvency Act claims in CVAs)
Erlam v Rahman [2016] EWHC 111 (Ch) (sham transactions and beneficial interests in relation to charging orders and judgment debts)
Zelouf v Khanna [2016] EWHC 205 (Ch) (grounds for challenging the approval of IVAs).
Barclays Bank plc v Sharma and others [2015] EWHC 2806 (Ch) (acted for petition in application to restore company to the register to allow independent review of its administration)
Royal Bank of Scotland plc v McCarthy [2015] EWHC 3626 (QB) (defence of procuring a breach of contract in the context of a claim for repayment of a professional practice loan)
Commercial:
Steven undertakes a wide range of commercial chancery work, in particular shareholder disputes, partnership and LLP disputes, claims by and against directors, and claims for and against financial institutions. He regularly undertakes litigation in relation to sale of goods and supply of services.
Additionally, Steven is highly experienced in civil fraud matters. Prior to joining the Bar, he was a partner at a large firm of solicitors with responsibility for that firm’s work for HMRC relating to civil fraud and insolvency and regularly acted in relation to provisional liquidations of companies involved in missing trader and other tax frauds. His background as a former insolvency practitioner gives him specific expertise in relation to accounting and financial matters.
Since joining Exchange Chambers in 2014, Steven has acted in relation to numerous civil fraud matters, from the initial investigation and applications for freezing order relief to trial and enforcement. His clients include corporate and individual claimants and defendants as well as insolvency practitioners.
Steven’s practice in commercial fraud has a particular emphasis on:
- Freezing order applications for claimants
- Challenges on behalf of defendants to freezing orders by defendants, including challenges to the scope of disclosure given by the claimant
- Cases involving allegations of missing trader and other tax fraud
- Fraudulent trading and transactions defrauding creditors brought by insolvency practitioners
- Claims of misappropriation by company directors
- Applications for charging orders following judgement, including disputed claims to ownership of property
Key Commercial Litigation cases include:
Litkraft Ltd v Cottrell [2023] EWHC 456 (Comm) (dispute between solicitors and work referrer)
Burnett v Barker [2021] EWHC 3332 (Ch) – (partnership dispute)
Rahman v Ahikmiah [2021] EWHC 324 (Ch) – (Dispute as to the management and finances of a religious charity)
Steven qualified as an insolvency practitioner in 1999, and a solicitor advocate in 2013, before transferring to the Bar in 2014. He became a CEDR-accredited mediator in 2012.
Chancery Bar Association, Northern Business and Property Bar Association.
Steven is a keen supporter of the arts with a particular interest in Theatre, Opera and Music.
Feedback from clients includes:
“Steven is very senior and very experienced. He was an insolvency solicitor so he has a ridiculously large technical arsenal. His advocacy is always clear and considered.”
“Steven is very good counsel who distils issues into language clients can understand. Clients gain confidence and he keeps them calm.”
“Steven has excellent technical knowledge, as well as good commercial awareness and appreciation of the client’s work.”
“Steven really knows his stuff and brings admirable tactical clarity when advising on case progression.”
“Steven has significant experience of insolvency law and an appreciation of the client’s position.”
Provided by Chambers
Previously a solicitor, Steven Fennell is well regarded for his expert handling of insolvency matters. He acts for a range of clients including liquidators, trustees and receivers and has addressed the Court of Appeal. He is also a CEDR-accredited mediator.
Provided by Chambers
Steven is very astute and a great tactician.
Because of Steven's previous solicitor career and experience, he's able to pick up really complex insolvency matters. He's an excellent choice for high-profile, complex insolvency matters.
Steven is a very talented barrister whose knowledge and experience is exceptional. He is great to work with.
Steven is very astute and a great tactician.
Because of Steven's previous solicitor career and experience, he's able to pick up really complex insolvency matters. He's an excellent choice for high-profile, complex insolvency matters.
Steven is a very talented barrister whose knowledge and experience is exceptional. He is great to work with.