Lloyd Tamlyn

Recent cases include:

• Re Debenhams plc [2020] EWHC 1755 (Ch), [2021] EWHC 473 (Ch), winding-up of Debenhams
• Re British Steel Limited [2019] BCC 974, appointment of liquidators to British Steel
• Hockin v Marsden [2014] 2 BCLC 531, duties and powers of office-holders to assign causes of action
• Re UK Coal Operations Ltd. [2014] 1 BCLC 471, restructuring of one of UK’s largest coal producers
• Re A|Wear UK Limited; Bristol Alliance Nominee No 2 v Bennett [2014] 1 BCLC 471 (CA), entitlement to escrow amounts and specific performance against company in administration
• Re Digital Satellite Warranty Cover  [2013] 1 WLR 605 (SC), scope of FSA’s regulation of insurance business
• Lictor Anstalt v Mir Steel [2013] 2 All ER (Comm) (CA), immunity of office-holders against claims for inducing breach of contract
• Re Anchor Hedge Fund (2013) (BVI Commercial Court), appointment of office-holders by members’ informal resolution
• Simpson v Light House Living (2012, Isle of Man, Staff of Government (Appeal Division)), insolvency set-off against nominees and trustees
• Re GBI Investments [2010] 2 BCLC 624, winding up on basis of disputed debt
• Brazzill v Willoughby [2010] 2 BCLC 259 (CA), distribution of trust funds held by Kaupthing bank
• Re Kaupthing Singer & Friedlander [2009] 2 Lloyd’s Rep 154, Certificates of Deposit and set-off

Lloyd has considerable experience in dealing with insurance-related insolvency matters.  Reported cases include:

• Law Society v Shah [2009] Ch 223, Third Party (Rights against Insurers) Act 1930
• Re Ballast [2007] Lloyd’s Rep IR 742, insurers’ rights of subrogation
• North Atlantic Insurance Co v Nationwide General Insurance Co [2004] Lloyd’s Rep IR 466 (CA), fronting; insurance pools; claims to reinsurance

Other cases include:

• Re UIC Insurance Company Limited (No 1) [2007] 2 BCLC 46, remuneration of office-holders
• Fusion Interactive Communication Solutions v Venture Investments Placement (No 2) [2005] 2 BCLC 571, authority of directors to commence litigation
• Re Casterbridge Properties [2004] 1 WLR 602 (CA), power to set aside order for public examination
• Re Bank of Credit and Commerce International (No 14) [2004] 2 BCLC 236, fraudulent trading claim by one bank against another
• O’Donnell v HSBC Bank  [2001] EWCA Civ 2108, meaning of “book debts or other debts” in debenture
• Smith v UIC Insurance Co [2001] BCC 11, power to award security for costs against company in provisional liquidation
• Re J N Taylor Finance Pty [1999] 2 BCLC 256, extent of Court’s jurisdiction under section 426 of IA 1986
• Alf Vaughan & Co v Royscot Trust [1999] 1 All ER (Comm) 856, extent of remedy for relief from forfeiture where hire purchase agreements with “equity” at date of receivership
• Kempe v Ambassador Insurance Company [1998] 1 WLR 271 (PC), power of Court to extend time limits under Scheme of Arrangement
• Mutual Reinsurance Co v Peat Marwick Mitchell & Co [1997] 1 BCLC 1 (CA), entitlement of auditors to rely on indemnity granted in Articles of Association of a Bermudian company
• Tam Wing Chuen v Bank of Credit and Commerce Hong Kong [1996] 2 BCLC 69 (PC), charge backs

Lloyd has considerable experience of defending insolvency practitioners, solicitors and others against allegations of professional negligence.

Recent reported cases include:

• Edenwest v CMS Cameron McKenna [2013] 1 BCLC 525, striking out of allegations of professional negligence against solicitors advising on pre-pack sale
• Clydesdale Financial Services v Smailes [2011] 2 BCLC 405, professional negligence claim against administrators; pre-pack sale

Lloyd has done a considerable amount of pro bono work.

Reported cases where he acted pro bono include:

• Cartwright v Cartwright [2002] 2 FLR 610 (CA), enforcement of foreign matrimonial debts
• Morgans (A Firm) v Needham (CA) (The Times,  November 1999), power to strike out for failure to comply with ambiguous unless orders

Consultant Editor of Halsbury’s Laws of England (fifth edition, 2017, Butterworths, volumes 16 and 17 Company and Partnership Insolvency )
Contributor to chapters on section 426, enforcement of judgments and orders and ancillary liquidations in Cross-Border Insolvency (fourth edition, Bloomsbury, 2015)
Contributor to Company Directors, Duties, Liabilities and Remedies (second edition, OUP, 2017)
Contributor to The Law of Administrators and Receivers of Companies (sixth edition, Lightman and Moss, Sweet and Maxwell, 2017)

French