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John Harvey
Partner
Telephone: +44 20 7667 9144
Mobile: +44 77 1785 1660

John Harvey

-Partner

Experience

  • 20 years experience in dealing with banks and other financial institutions in advising on and successfully applying for freezing orders and dealing with enforcement of both security interests and judgments.
  • Acting for the Liquidators of Daewoo Cars Limited, a major Korean motor manufacturing business, following the discharge of the administration order and the company going into CVL. investigations into conduct of the directors, dealing with creditors' claims, dealing with issues relating to the valuation of creditors' claims following the fluctuation of currency exchange rates and advising upon possible claims against third parties.
  • Advising and dealing with numerous applications to court seeking administration orders on behalf of banks, asset based lenders and directors/companies. Dealing with many issues in the administration process including employee claims, tax liabilities, the ultimate sale of the assets and business (both pre-pack and sales on a going concern and break up basis) and dealing with issues relating to the exit from administration.
  • Experience in applying to the Companies Court seeking appropriate orders under sections 234 and 236 of the insolvency act 1986 (“IA 86”) to obtain the company's property, to investigate the conduct and affairs of the company and to challenge antecedent transactions under Sections 238, 239 and 423 IA 86.
  • Acting for interim receivers appointed by the High Court upon applications made by HM Customs & Excise and the Crown Prosecution Service under DTA 94 and CJA 88 following the making of Receivership Orders, advising the Receivers on issues arising during the receivership and dealing with past confiscation order issues.

Significant reported cases

  • M C Bacon Limited, Re [1990] BCC 78
  • M C Bacon Limited (No 2), Re [1990] BCC 430
  • Capital Cameras Limited v Harold Lines Limited [1991] WLR 54
  • Re Dave O'Keefe & Co Limited [2004] All ER (D) 422 (Nov)

Clients

  • Insolvency practitioners
  • Accountants
  • Asset based lenders
  • Factors and invoice discounters
  • Banks (including both clearers and secondary)
  • Claim handlers dealing with professional indemnity insurance

Memberships

  • ILA – Insolvency Law Association
  • R3 – The Association of Business Recovery Professionals