Joanne Gillies
Partner, Co-head of Litigation, Regulatory & Tax
Joanne leads the contentious insolvency team in Scotland and advises both insolvency practitioners and corporates on all aspects of distressed debt and recoveries.
Joanne's experience
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Acting for major banks, in defending substantial portfolios of county court claims seeking redress under the Consumer Credit Act arising from payment protection insurance sales. We have been instructed on more than 3,000 claims. Although individual claim values are modest, the cumulative volume creates complex challenges.
- United Kingdom
- Financial Services
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We act for BDO LLP as the liquidators of an English company used to commit VAT fraud. We were instructed to recover the amounts fraudulently paid and obtained a freezing injunction against a number of companies and individuals. We obtained a further 'without notice' freezing injunction against other entities who have received dissipated funds. The team advised on complex cross border issues, in relation to the jurisdiction in which to commence proceedings. The team successfully applied to the court to limit the cross undertaking in damages to the net insolvent estate, which is usually not possible, showing a forward thinking and cutting edge approach.
- United Kingdom
- Civil Fraud
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Acted for BDO LLP, liquidators of a payroll company which had been used to perpetrate a significant and complex VAT fraud. Successfully took action against the director/shareholder and obtained a decree for payment of over £8m and freezing injunctions against the accounts of several recipients of the company's money.
- United Kingdom
- Financial Services
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Successfully acted for a UK clearing bank defending an action for payment said to be due under the terms of a guarantee provided by the bank to a customer. The case was dismissed and is now being appealed.
- United Kingdom
- Financial Services
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Advised a UK clearing bank on PPI claims against the bank, defending claims and advising on policy and strategy. This has included detailed and strategic advice in relation to set-off in insolvency cases.
- United Kingdom
- Financial Services
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Acted for Bill Cleghorn (Aver Chartered Accountants) in a case on whether a significant asset of a bankrupt's estate was a 'family home' for the purposes of the bankruptcy legislation.
- United Kingdom
- Financial Services
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Acted for Clydesdale Bank in a complex action concerning competing interests asserted over a fund due to a company in liquidation; in particular whether the bank had priority because the trust was created by the invoice factoring arrangements.
- United Kingdom
- Financial Services
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Acted for Colin and David Wilson in a dispute brought by the purchaser of a loan book, who said that they were guarantors for a loan. Although involving a relatively small sum, the case raised a point of wide general legal importance which overlaps prescription and continuing enforcement difficulties which are being encountered by the purchasers of distressed loans.
- United Kingdom
- Financial Services
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Acted for PWC in its role as joint administrators of property companies controlled by Thomas Coakley, together with the Trustee appointed in his sequestration. Devised and implemented a strategy to irritate a long lease of a valuable site granted apparently at considerable undervalue, which included dealing with spurious defences including a 'waiver letter' which we considered to be a sham. We also raised an action for payment for around £2m when our opponent's productions suggested works that may have triggered an increase in rent.
- United Kingdom
- Financial Services
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Acted for a UK clearing bank in a test case concerning whether the bank is entitled to 'set-off' a payment protection insurance (PPI) redress payment owed to the customer against debts owed by the customer to the bank at the date of insolvency.
- United Kingdom
- Financial Services
Credentials
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2002Qualified – England and Wales
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2001Qualified - Scotland
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1999Glasgow University – Dip LP
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1999Joined Pinsent Masons
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1998Glasgow University – LLB Hons
Out-Law / Insight by Joanne Gillies
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