Gemma is our contentious insolvency specialist with 13 years' experience, regularly acting for a large number of clients advising insolvency practitioners and lenders on corporate insolvencies and complex bankruptcies.

Gemma's experience

  • Advised K Hellard of Grant Thornton UK LLP (and M Leeds formerly GT) on defending application against them under s.303 of the Insolvency Act 1986, which allows a bankrupt or creditor to challenge the conduct of a trustee in bankruptcy, concerning the assignment of proceedings by a former trustee. The application was successfully defended.

  • Advised limited trustees of a property unit trust landlord pursuing recovery of outstanding debt from a commercial tenant for buildings in Coventry and ongoing investigations into the tenant’s liquidation.

  • Advised a leading social media platform, regarding an application arising from the bankruptcy of a high-profile individual, ensuring that a proposed interim payments order was workable and that the platform’s obligations to the trustees in bankruptcy were clearly defined and manageable.

  • Advised administrators of a failed peer-to-peer lending platform on claims against directors for misappropriation of funds and breaches of duties. Obtained a worldwide freezing and proprietary injunction, and issued claims exceeding £6.5 million against directors and proprietary claims against properties held by third parties.

  • Assisting an insolvency practitioner through a cryptoasset realisation process where the cryptoassets formed part of a bankrupt estate.

  • Acted for a financial services fund in connection with the provision of letters of guarantee to certain suppliers of goods and services.

  • Advised the Trustee of a bankruptcy estate on pursuing a property in Mallorca, Spain, that has been transferred out of the bankrupt's estate.

    • Spain
  • Acted for a petitioning creditor, the founder of Karen Millen, where the debtor contested the petition on the grounds of estoppel based on promise and argued abuse of process. The debtor faced, unusually, three petitions all of which proceeded at the same time and had debts of over £450 million.

  • Acted for a subsidiary of a UK Bank on claims against directors and third parties conspirators on a major fraud on an invoice discounting facility involving the supply of wholesale drinks.

  • Acted for the two successful claimant companies in the important case on breach of a director's fiduciary duties and disclosure for the purposes of the Limitation Act 1980

Credentials

  • 2020
    Pinsent Masons - Partner
  • 2007
    Osborne Clarke - Senior Associate
  • 2005
    Boyes Turner - Trainee
  • 2004
    University College London - LL.M.
  • 2003
    The College of Law - Legal Practice Course (LPC)
  • 2002
    University of Central England - LL.B.
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Out-Law / Insight by Gemma Kaplan

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