Christopher Garden

Chris specialises in the resolution of disputes in range of areas. He has particular experience in contentious insolvency, and he is accredited as a specialist in Insolvency Law by the Law Society of Scotland.

His other principal areas of practice are commercial disputes, including those relating to professional negligence and contract; disputes relating to wills and executries; disputes in relation to companies, particularly shareholder disputes and claims under share purchase agreements; and debt and asset recovery.

Chris always looks to resolve matters at an early stage, and is skilled in alternative methods of dispute resolution such as mediation and negotiation. When necessary, he also has considerable experience of representing clients in court proceedings. He also has expertise in funded litigation, and can help clients to properly consider all funding options, including obtaining insurance or funding from a third-party.

Dual-qualified in Scotland and in England & Wales.

  • Acting for insolvency practitioners and third-party litigation funders in relation to claims against directors of insolvent companies relating to breach of director duties and recovery of director loan accounts. Including the commencement of court proceedings and the negotiated settlement of a number of claims.
  • Acting for the joint liquidators of a company in relation to successful claim against the former administrators. This complex, high-value matter proceeded to a lengthy evidential hearing with many witnesses and experts, and resulted in a successful outcome.
  • Advising various clients throughout complex corporate and personal insolvencies, including in relation to insolvency rules and legislation relating to all aspects of insolvency.
  • Acting for trustees in bankruptcy in relation to all aspects of the bankruptcy process, including the recovery of assets for the benefit of creditors.
  • Advising directors on their duties under the Companies Act 2006, particularly in circumstances where the company is insolvent or approaching insolvency.
  •  Acting for the Insolvency Service in relation to the investigation of director misconduct, and Court actions seeking disqualification orders.
  • Advising directors in relation to potential claims against them for misfeasance, or in relation to investigations regarding their conduct.
  • Acting for insolvency practitioners in challenging transactions on the basis that they constitute unfair preferences or gratuitous alienations.
  • Acting for insolvency practitioners in relation to various applications to Court, including to waive failures to comply with the appropriate rules, to have accounts and remuneration approved, and to allow distributions to unsecured creditors.
  • Acting for clients in both the pursuit and defence of claims relating to contract, including alleged breaches of contract; the interpretation of contract; and the termination of contract.
  • Pursuing claims of professional negligence against firms of solicitors and surveyors in respect of services provided by their clients, where deficiencies in service have resulted in losses to clients.
  • Acting for executors of estates and beneficiaries in relation to disputes regarding the terms of wills and the entitlement to inheritance.
  • Advising in relation to potential breaches of duty by executors and holders of power of attorney.
  • Recovery of secured and unsecured debt, including both routine volume recoveries and high value/complex cases.
  • Acting for shareholders in relation to shareholder disputes, and advising on available options to resolve disputes.
  • Acting for sellers of company shares in respect of claims made against them for breach of warranty under Share Purchase Agreements.

Director

M:
0751 531 5581
T:
01224 343 564
0141 566 8572