Charlotte Cooke +44 (0)20 7696 9900 charlottecooke
@southsquare.com


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Practice Managers

Charlotte Cooke

Charlotte Cooke Charlotte Cooke

Charlotte Cooke

Called to the Bar 2008
+44 (0)20 7696 9900
charlottecooke@southsquare.com
Charlotte Cooke
Called to the Bar 2008

Charlotte specialises in domestic and cross-border insolvency and restructuring, banking and financial services, commercial litigation and company law.

 She has appeared in high profile cases at all levels: as a junior in the Supreme Court (Re Digital Satellite Warranty Cover, SerVaas Inc v Rafidain Bank) and both as a junior and as sole counsel in the Court of Appeal (for example, Ilott v Williams, Gardner v Lemma Europe Insurance Company) and at first instance (for example, Smithton v Naggar). 

Charlotte also has particular experience of a wide range of applications under the Insolvency Act and Rules (for example, winding up petitions, applications to appoint provisional liquidators, applications to restrain presentation/advertisement of petitions, administration applications, applications to set aside statutory demands, bankruptcy petitions, applications for validation orders).  She regularly appears in County Courts and the High Court in respect of such applications, as well as undertaking advisory and drafting work.

Charlotte is recommended as an up and coming junior in Chambers & Partners 2017 where she is described as "an impressive operator"  and "singled out as a junior who is well equipped to handle sophisticated cases". She is praised for her "impressive grasp of the most complex issues"  and "clear thinking and no-nonsense approach", as well as for being "impressive in Court".

AREAS OF PRACTICE

Insolvency and Restructuring

Recent cases include:

  • Gardner v Lemma Europe Insurance Company [2016] EWCA Civ 484, opposing an appeal against the dismissal of an application to lift stay
  • Re Powertrain [2016] BPIR 456, authorisation of distribution
  • Re Lehman Brothers International (Europe) [2016] Ch 50 (CA), waterfall, currency conversion claims  
  • Javelin Wholesale v Waypharm LTL 9/9/2014, winding up/limited partnership/jurisdiction
  • Re Lemma Europe Insurance Company [2013] EWHC 389 (Ch), recognition application
  • Official Receiver v Keelan [2012] BPIR 613, bankruptcy/annulment/COMI
  • Re Law for All [2011] BCLC 217, retrospective administration order
  • Re SO Finance [2011] JCA 189, appeal against dismissal of winding up petition
  • Acting for the special administrators of WorldSpreads
  • Acting for a creditor challenging an administrator’s rejection of a proof of debt
  • Acting for a creditor challenging an IVA
  • Acting for a trustee in bankruptcy on an appeal against dismissal of an application for possession and sale

Banking and Finance

Recent cases include:

  • Citicorp International v Castex Technologies [2016] EWHC 349 (Ch), construction of convertible bonds
  • US Bank Trustees v Titan Europe 2007-1 (NHP) [2014] EWHC 1189 (Ch), loan notes/servicing agreement
  • Citicorp Trustee Co v Barclays Bank [2013] EWHC 2608 (Ch), loan notes/voting rights
  • Highbury Pension Fund Management Co  v Zirfin [2013] EWCA Civ 1283, marshalling securities
  • Re Digital Satellite Warranty Cover  [2013] 1 AC 605 (SC), unauthorised insurance business
  • Acting for the special administrators of WorldSpreads
  • Acting for the directors and liquidators of various credit unions

Commercial Litigation and Arbitration

Recent cases include:

  • Black Diamond Offshore v Fomento de Construcciones y Contratas [2015] EWHC 1035 (Ch), loan notes, jurisdiction clause, stay of proceedings
  • Smithton v Naggar [2013] EWHC 1961 (Ch), de facto directors/misrepresentation
  • AI Airports International v Pirrwitz [2013] JCA 177, directors duties/exit payments
  • Ilott v Williams [2013] EWCA Civ 645, partnership/removal
  • SerVaas v Rafidain Bank [2013] 1 AC 595 (SC), enforcement of judgment/state immunity
  • Acting for the claimant in a claim concerning fraud and breach of warranties in relation to the acquisition of a business
  • Acting for a mining company in a claim relating to the assignment of a mining lease
  • Acting for the claimant in a claim concerning the level of a banker’s bonus
  • Acting for the defendant to a claim concerning allegedly mis-sold payment protection insurance
  • Acting for the defendant to a claim concerning alleged negligent financial advice

Company

Recent cases include:

  • Re Codere Finance (UK) [2015] EWHC 3778 (Ch), scheme of arrangement
  • Re Privatbank [2015] EWHC 3299 (Ch), scheme of arrangement
  • Re DTEK Finance BV [2015] EWHC 1164 (Ch), scheme of arrangement
  • Smithton v Naggar [2013] EWHC 1961 (Ch), de facto directors/misrepresentation
  • AI Airports International v Pirrwitz [2013] JCA 177, directors duties/exit payments
  • Acting for the applicant on an application under the Companies (Cross Border Merger) Regulations
  • Advising a minority shareholder in relation to an unfair prejudice action
  • Acting for the executors of a deceased sole shareholder/director’s estate on an application to rectify the register of shareholders
  • Acting for the applicant company (by its liquidator) in a claim against directors in respect of unlawful dividends

International and Offshore

Recent cases include:

  • Re Lemma Europe Insurance Company (Gibraltar)
  • Re a Company (BVI, Cayman Islands)
  • AI Airports International v Pirrwitz [2013] JCA 177 (Jersey)
  • Re SO Finance [2011] JCA 189 (Jersey)

Insurance

Recent cases include:

  • Re Lemma Europe Insurance Company (Gibraltar), acting for the liquidator
  • Re Digital Satellite Warranty Cover  [2013] 1 AC 605 (SC), unauthorised insurance business

CAREER

2008 Called to the Bar of England and Wales

MEMBERSHIPS

Insolvency Lawyers Association
Chancery Bar Association
Commercial Bar Association

PUBLICATIONS

Contributor to Ranking and Priority of Creditors (OUP, forthcoming)
Contributor to Treatment of Contracts in Insolvency (OUP, 2013)
Contributor to Company Directors: Duties, Liabilities and Remedies (OUP, 2013)
Contributor to Totty and Moss on Insolvency (Sweet and Maxwell, 2012)
Contributor to Rowlatt on Principal and Surety (OUP, 2011)
Contributor to and editorial board member of International Corporate Rescue
Contributor to Corporate Rescue and Insolvency
Contributor to Insolvency Intelligence
Contributor to Journal of International Banking and Financial Law
Contributor to CPDcast (Podcast, The Minmar Muddle

EDUCATION AND QUALIFICATIONS

2009 Balliol College, Oxford University, BCL
2007 City University, GDL, Distinction
2006 St Catharine’s College, Cambridge University, MPhil Philosophy of Science, Distinction
2005 St Catharine’s College, Cambridge University, MA Philosophy, First Class

PRIZES AND SCHOLARSHIPS

Busfield Prize for Excellence in Legal Research (Inns of Court School of Law)
3 Verulam Buildings Prize for Best Performance on the GDL (City University)
Queen Mother Scholarship (Middle Temple)
Graduate Scholarship (St Catharine’s College, Cambridge University)
Senior Scholarship (St Catharine’s College, Cambridge University)
Lacey Prize (St Catharine’s College, Cambridge University)
College Book Prize (St Catharine’s College, Cambridge University)
Mrs Julian Stafford Scholarship (St Catharine’s College, Cambridge University)

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