Serena has a particular interest in banking and finance and insolvency litigation, as well as debt and asset recovery. She holds the Chartered Accountants' Certificate of Proficiency in Insolvency.
She has broad experience of acting for public and private sector clients, frequently advising national clearing banks and other lenders on repossession actions over residential and non-residential property. She also often advises insolvency practitioners on the recovery of heritable property.
She also has considerable experience of advising clients on general debt recovery, and implementing debt recovery procedures from issue of a letter demanding payment to the issue of a statutory demand, followed by a petition for liquidation/sequestration or raising of a court action. She frequently provides bespoke training to clients on all of these topics.
Serena is an experienced advocate, having frequently represented clients in proceedings in the Sheriff Court, and also has experience of actions before the Court of Session. This gives her a wide perspective of the legal issues at play for various sectors, and an insight into the various factors that might shape a resolution, which helps her to achieve the best possible outcomes for her clients.
Dual-qualified in Scotland and England & Wales.
- Acting for insolvency practitioners and third-party funders in relation to a range of claims against directors of insolvent companies, including for breaches of fiduciary duties, repayment of unpaid director’s loan accounts, and recovery of assets.
- Advising various clients throughout complex corporate and personal insolvencies, including in relation to insolvency rules and legislation relating to all aspects of insolvency.
- Advising insolvency practitioner clients in relation to applications to transfer corporate and personal insolvency cases in Scotland and England and Wales.
- Acting for trustees in bankruptcy in relation to all aspects of the bankruptcy process, including the recovery of assets for the benefit of creditors.
- Representing trustees in bankruptcy at evidential hearings seeking to recover possession of “family homes”.
- Acting for lenders in the repossession of residential property throughout Scotland and England and Wales involving evidential hearings.
- 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 the pursuit and defence of claims relating to liability under personal guarantees.
- Recovery of secured and unsecured debt, including both routine volume recoveries and high-value/complex cases.
