Sandra Bristoll

Contact details:

St Philips Chambers, 55 Temple Row, Birmingham, B2 5LS

Tel: 0121 246 2089 (direct dial). Fax: 0121 246 7001.

DX 723240 Birmingham-56

Email: sbristoll@st-philips.co.uk. Web: www.st-philips.co.uk

Education:

MA (Hons) (Cantab) Downing College

Scholarships and awards:

Entrance Bursary (Middle Temple)

Harmsworth Law Scholar (Middle Temple)

Professional career:

1989 Called to the Bar (Middle Temple)

1990-2004 Tenant at 3-4 South Square

1993 Member of the Insolvency Committee of Justice

1994 - 2000 Junior Counsel to the Crown – “B” Panel

2000 CEDR Accredited Mediator

2002 - Member of the General Technical Committee of R3 (the Association of Business Recovery Professionals)

June 2004- Became tenant at St Philips Chambers & associate member at 3-4 South Square

Memberships:

· Member of the Insolvency Lawyers’ Association

· Member of the Commercial Bar Association

· Member of the Chancery Bar Association

· Member of R3

Areas of practice:

· Corporate and personal insolvency matters.

· Commercial work arising out of insolvencies.

· Company directors’ disqualification proceedings.

· Company law issues.

· Contractual, banking, insurance and reinsurance disputes.

· Civil aspects of commercial fraud.

· Professional negligence (accountants and solicitors).

Reported and major cases:

· Re Atlantic Computer Systems [1992] Ch 505

Guidelines on the granting of leave under s.11(3) IA1986 for the enforcement of security during the lifetime of an administration order.

· Polly Peck International plc

Instructed by the Administrators of PPI throughout its Administration on a number of different aspects of the Administration, including professional negligence proceedings against the auditors and various proceedings commenced against a number of parties, seeking the recovery of allegedly misapplied company funds. Reported decisions at:

Polly Peck International plc [1992] 4 All ER 769

Polly Peck International Plc v Nadir (No 2) [1993] BCLC 187, CA

· Dollar Land (Feltham) Ltd & Ors [1995] BCC 740

Locus of opposing creditors to apply for the rescission of winding-up orders in order to explore possibility of voluntary arrangements.

· Penrose & Anor v. Secretary of State for Trade and Industry [1996] 1 WLR 482

Application under s.216 IA1986 by a director of company in insolvent liquidation seeking leave to be a director of a company with a prohibited name.

· Re Lightning Electrical Contractors Ltd [1996] BCC 950, [1996] 2 BCLC 302

Application under s.216 IA1986 by a director of company in insolvent liquidation seeking leave to be a director of dormant companies with prohibited names.

· Re Landau (A Bankrupt) [1998] Ch 223

Leading authority on the impact of bankruptcy on a bankrupt’s personal pension rights.

· Customs & Excise Comrs v. Anchor Foods Ltd [1999] 3 All ER 268

In the context of pre-trial or post-judgment relief, the Court’s jurisdiction to grant a freezing order where the defendant was proposing to effect a bona fide transfer of its business and the appropriateness of invoking the Mareva jurisdiction to fill a gap in the insolvency legislation.

· Acted for the trustee of certain noteholders in relation to the liquidation of Barings plc. Decisions at:

Re a company No. 006303 of 1996 Ch. Div. (Sir Andrew Morritt V-C). Unreported, 27 July 2001.

Re Barings Plc. Hamilton and others v. Law Debenture Trustees Limited and Others [2001] 2 BCLC 159.

The Court was asked to determine whether the liquidators should comply with a request for them to requisition a meeting for creditors to vote on the removal of the liquidators. It was held that the Court should consider whether to hold such a meeting would be conducive to the proper operation of the process of the liquidation and to justice as between all those interested in the liquidation.

· Acted for the administrators of a large number of companies within the Maxwell Group of companies.

· Re Hawk Insurance Co. Ltd Ch. Div. (Arden J). [2001] B.C.C.57.

Two judgments in relation to a scheme of arrangement pursuant to s.425 of the Companies Act 1985.

· Optimum Solutions Ltd v. Yorkshire Electricity plc Ch. Div. (Hart J). Lawtel C0101855.

Challenge to the appointment of provisional liquidators

· OBG v. Allan [2001] Lloyd's Rep. Bank. 365

Trial concerning the construction of an assignment of security and the validity of the appointment of receivers based thereon. In construing the debentures and legal charges, it was held that their terms did not enable the bank alone by a transfer to create a relationship between the debtor companies and the trade creditor, under which the trade creditor could use the debenture as a continuing charge for liabilities as between the debtor companies and the trade creditor. Such a tripartite arrangement could be entered into only with the concurrence of the customer. The money due to the trade creditor was accordingly held not to be within the scope of the charges conferred by the debentures and legal charges.

· CDDA 1986 proceedings

Acted for the Secretary of State for Trade & Industry in relation to disqualification proceedings arising out of the insolvencies of high-profile companies, i.a. Landhurst Leasing Limited, Team Lotus Realisations Limited and Roxburghe Bank Plc.

Publications:

· The Single Market and the Law of Banking (2nd Edn., 1995): Lloyds of London Press Ltd, wrote the chapter entitled “1992: the insolvency implications for banks” in conjunction with Professor Roy Goode.

· Contributor to Halsbury’s Laws of England, Vol.7(3), Companies, 4th Ed., (1996 Reissue)

· Contributor to Insolvency – Totty & Moss - chapter entitled “Disqualification and Liabilities of Directors” in conjunction with Marion Simmons QC

· Contributor to Gore-Browne on Companies – chapter entitled "Winding up by the Court"

· "Schemes of Arrangement: a question of class" – article in Insolvency Law & Practice – 2002 IL&P 18-6

Lectures and Seminars:

· Commercial Update: Insolvency (Programme 324) for Legal Network Television.

· “Life after Landau” at Lawnet Insolvency Unit Training Day and elsewhere, providing a review of the law relating to the impact of bankruptcy on pensions.

· Civil Procedure Rules seminars for firms of accountants, providing an overview of the procedural reforms.

· “Nature & Types of Security” seminars for firms of solicitors, providing a review of security over both chattels and receivables and case studies for group discussion.

· "Schemes of Arrangement: a question of class" presentation, providing a review of the law in this area.

Languages:

Conversational German