Laura Smith

Laura Smith

Senior Associate Manchester, United Kingdom

Laura is a Senior Associate Solicitor in our Manchester office. She qualified as a solicitor in England and Wales in 2008 and specialises in corporate and personal insolvency.

Laura regularly acts for insolvency practitioners, directors, creditors and debtors in a wide range of advisory and contentious corporate and personal insolvency matters nationally and within a cross border context.

Her work includes advising insolvency practitioners and directors in relation to claims concerning; wrongful trading, preference transactions, transactions at an undervalue, fraudulent trading, void dispositions and misfeasance.

Laura also has experience of advising in relation to matters concerning the administration of insolvent deceased estates and can provide advice to insolvency office holders regarding their obligations in relation to GDPR.

Qualifications

  • Qualified as a solicitor in England and Wales in 2008

...experienced in high value, cross border insolvency litigation.

The Legal 500 UK 2017

Market recognition

  • Recommended Lawyer for 'Insolvency and corporate recovery (North West)'
    The Legal 500 UK 2019/20
  • Recommended Lawyer for 'Insolvency and corporate recovery (North West)'
    The Legal 500 UK 2018/19
  • “...experienced in high value, cross-border insolvency litigation.”
    Legal 500 UK 2017

 

Work highlights

Following qualification, Laura has been involved in a number of interesting, high value, complex cross border insolvency litigation cases, some of which have involved consideration of novel points of law:

  • Re Phoenix Kapitaldienst GmbH [2012] BPIR 392. This case involved advising high net worth investors in respect of a multi-million € claim brought against them by the German administrator of a German investment entity which had operated as a fraudulent ponzi scheme. The claim was for the recovery of the payments made out to them as investors by the company prior to it entering administration pursuant to section 423 of the Insolvency Act 1986 and a claim for unjust enrichment. There was no direct legal authority/precedent in the jurisdiction in relation to the legal issues raised in this case.
  • Revenue & Customs Commissioners & South African Revenue Service Commissioner V Ben Nevis (Holdings) Ltd & Ors [2012] S.T.C 2157. This case involved advising the South African Revenue Service in relation to pursuit of a tax debt owed to it in the sum of c. £222m by way of a request for assistance made to HM Revenue & Customs pursuant to a new Protocol that had come into force between England and Wales and the Republic of South Africa which amended an existing double taxation convention already in force. The claim also raised issues regarding transactions defrauding creditors pursuant to section 423 of the Insolvency Act 1986.
  • Re Hellas Telecommunications (Luxembourg) II S.C.A (1) A Hosking (2) S Bonney – V- (1) Nauta Dutilh Avocats & Ors [2013] BPIR 756. This case involved advising the Joint Liquidators of the company in relation to an application against its former Luxembourg lawyers for information and disclosure of certain documentation pursuant to sections 234 and 236 of the Insolvency Act 1986. This matter involved a 5 day fully contested hearing including expert evidence on Luxembourg legal professional secrecy. This case is an important decision for cross border insolvency litigation in terms of the potentially significant implications it has for foreign lawyers and parties involved in multi jurisdiction restructuring cases, in particular where a company’s centre of main interests (COMI) has been transferred to England and Wales as part of a restructuring, as in this case.
Market recognition
  • Legal-500_UK_Recommended-lawyer.png

    Recommended Lawyer

    The Legal 500 UK 2020

  • Recommended_lawyer_2019.png

    Recommended Lawyer

    The Legal 500 UK 2019