Paul Fradley

Paul has extensive experience of domestic and cross-border insolvency law. He regularly appears, both led and unled, and provides advice in insolvency matters.

His current and research instructions include:

• Sian Participation Corp v Halimeda International Ltd [2024] UKPC 16: the Privy Council considered the proper approach to a winding up petition where the debt was governed by an arbitration clause or exclusive jurisdiction clause. It overruled the decision in Salford Estates (No 2) v Altomart and gave the first Willers v Joyce direction.
• Re Ignition Midco BV [2024] EWHC 1063 (Ch): order convening meeting of creditors to consider a scheme of arrangement.
• Eversholt Rail 365 Co Ltd: application for delivery up of documents under sections 235 and 236 of the IA.
• WealthTek LLP (in special administration): succesful application for approval of a distribution plan under the Investment Bank Special Administration Regulations 2011 and advice in relation to the reconciliation of the firm’s books and records.
• Ongoing just and equitable winding up petition in England.
• China Evergrande Group: the restructuring of China’s second largest property developer in the Cayman Islands, BVI and Hong Kong.
• Re Zhang Zhenxin (Deceased) [2023] EWHC 2744 (Ch); [2024] BPIR 96: a rare case considering the appointment of an interim receiver in bankruptcy (under section 286 of the IA) and the Administration of Insolvent Estates of Deceased Persons Order 1986.
• Re Listrac Midco Ltd [2023] EWHC 460 (Ch); [2023] BCC 583 and [2023] EWHC 78 (Ch); [2023] Bus LR 920: restructuring the leasehold portfolio and other financial liabilities of a leading provider of adult assisted living servcies. This case raised interesting questions about the scope of persons affected by a scheme and the impact of low creditor turnout under Part 26A.
• Minor Hotel Group MEA DMCC v Dymant [2022] Bus LR 908: the first case to consider the moratorium provisions in Part A1 of the Insolvency Act 1986.
• Protein World v Superdrug Stores plc [2023] 7 WLUK 547: sole counsel in successful defence of an injunction to restrain advertisement of a winding-up petition, involving a contested disclosure application.
• Eclipse Communications Germany: sole counsel in directions application following the rejection of administrators’ proposals and remuneration application.
• Intrust Advisory: sole counsel in application for a retrospective administration order.
• Proceedings arising out of the collapse of Debenhams plc relating to the validity of a settlement agreement.
• Advising in relation to the restructuring of Cineworld.
• Court application for administration order in respect of funeral plan provider Prosperous Life.
• Acting for Thai Airways in relation to the recognition of its foreign insolvency process under the Cross-Border Insolvency Regulations 2006, remission of assets and a creditor challenge to the same.
• Sealed proceedings in the BVI relating to a highly contentious application for sanction to continue/discontinue proceedings and the appointment of a conflict liquidator.
• Re Border Control Solutions Ltd [2022] BCC 309; [2022] EWHC 2965 (Ch): the first appeal under section 205 of the Insolvency Act 1986 against the deferral of the dissolution of a company.

Paul has experience of commercial litigation, both within and outside the insolvency context, and often with an international element.

His current and recent instructions include:

• Transworld: ongoing claim for in excess of £200 million against persons alleged to have been involved in assisting MTIC fraud.
• M1 Group v Credit Suisse: ongoing proceedings arising out of an alleged wrongful security enforcement in a prime brokerage relationship.
• Sian Participation Corp (In Liquidation) v Domidias Ltd [2024] EWHC 458 (Comm): Commercial Court proceedings arising out of the alleged failure to honour two options agreements.
• Transworld Payment Solutions UK Ltd (In Liquidation) v First Curacao International Bank NV [2022] EWHC 2742 (Ch): jurisdiction challenge and application for a case management stay.
• Society of Lloyd’s v Noel [2023] EWHC 2480 (KB): sole counsel in contempt of court proceedings arising out of repeated breaches of an injunction.
• Windhorst v Levy [2021] EWHC 1168 (QB) and [2022] 2 BCLC 264 (CA): proceedings at first instance and the Court of Appeal concerning the interaction between the EU Insolvency and Judgments Regulation and an application to stay enforcement of a judgment.
• Enforcement of judgments including applications for third party debt orders and charging orders.
• Assisting in relation to professional misconduct claims brought against an accountant.

Paul has a developing offshore practice. In 2022 Paul was called to the Bar of Eastern Caribbean Supreme Court, British Virgin Islands.

His current and recent instructions include:

• Sian Participation Corp v Halimeda International Ltd [2024] UKPC 16: the Privy Council considered the proper approach to a winding up petition where the debt was governed by an arbitration clause or exclusive jurisdiction clause. It overruled the decision in Salford Estates (No 2) v Altomart and gave the first Willers v Joyce direction.
• China Shanshui v Tianrui: judgment awaited from the Privy Council considering whether a minority shareholder has standing to bring a personal claim against a company where the board of directors of that company had allegedly exercised their powers to issue and allot shares for the improper purpose of diluting the shareholding of the minority shareholder.
• China Evergrande Group: the restructuring of China’s second largest property developer in the Cayman Islands, BVI and Hong Kong.
• Claim by a director seeking to access documents held by the Company under s.100 of the Business Companies Act, now subject to an appeal.
• Appeals against a winding up order in the BVI and subsequent application for leave to appeal to the Privy Council in Sian Participation Corp v Halimeda International Limited (11 November 2022 and 24 April 2023).
• Sealed proceedings in the BVI relating to a highly contentious application for sanction to continue/discontinue proceedings and the appointment of a conflict liquidator.
• Cayman appeal concerning the ability of minority shareholders to challenge the improper allotment of shares (China Shanshui v Tianrui 1 July 2022) (assisting Tom Smith KC).
• Complex conspiracy, misrepresentation and asset tracing claim in the Cayman Islands.

Paul has experience in various company law matters. He is familiar with applications seeking to rectify the register at Companies House, and other applications under the Companies Act 2006.

His current and recent instructions include:

• China Shanshui v Tianrui: judgment awaited from the Privy Council considering whether a minority shareholder has standing to bring a personal claim against a company where the board of directors of that company had allegedly exercised their powers to issue and allot shares for the improper purpose of diluting the shareholding of the minority shareholder.
• Claim by a director seeking to access documents held by the Company, now on appeal.
• Re Border Control Solutions Ltd [2022] BCC 309: the first appeal under section 205 of the Insolvency Act 1986 against the deferral of the dissolution of a company (with Matthew Abraham).

• M1 Group v Credit Suisse: ongoing proceedings arising out of an alleged wrongful security enforcement in a prime brokerage relationship.

• Transworld: ongoing claim for in excess of £200 million against persons alleged to have been involved in assisting MTIC fraud.
• Complex conspiracy, misrepresentation and asset tracing claim in the Cayman Islands.

2021 – Judicial Assistant in the High Court, Chancery Division and Commercial Court.

2020 – Tenancy at South Square.

2019 – Pupillage at South Square.

2018 – Tutor to undergraduates in the Law of Trusts at both St Anne’s and University Colleges, University of Oxford.

2022 – Called to the Bar of Eastern Caribbean Supreme Court, Virgin Islands.

2019 – Called to the Bar of England and Wales

2019 – BPP, Bar Professional Training Course

2018 – Bachelor of Civil Law, Brasenose College, University of Oxford, Distinction

2017 – BA in Jurisprudence, Brasenose College, University of Oxford, First Class (ranked second in year)

Scholarships:

• Reid Scholarship (Gray’s Inn)
• Bedingfield Scholarship (Gray’s Inn)
• Residential Scholarship (Gray’s Inn)
• Excellence Award (BPP)
• Barry Nicholas Scholarship for the BCL (Brasenose College)
• College Law Scholarship for the BCL (Brasenose College)
• One Essex Court Scholarship for the BCL (University of Oxford)

Prizes:

• Norman Tapp Memorial Prize for Advocacy (Gray’s Inn) (2019)
• Wronker Prize (Proxime) (University of Oxford)
• Gibbs Prize (Proxime) (University of Oxford)
• 5 Stone Building Prize for Trusts (University of Oxford)
• Littleton Chambers Prize in Labour Law (University of Oxford)
• Law Faculty Prize for Personal Property (University of Oxford)
• College Prize for Finals (Brasenose College)
• Open Exhibition (Brasenose College)

• Contributor to Arnold and Mortimore (eds), ‘Company Director: Duties, Liabilities and Remedies’ (2024) Chapters 28 (Reorganizations and Takeovers) and 36 (Duties and Liabilities of Directors of Foreign Companies)
• Clarkson-Maciel and Fradley, ‘The different requirements of what constitutes a “meeting” under Pt 26 and Pt 26A of the Companies Act 2006 (2023) 38(4) Butterworths Journal of International Banking & Financial Law 275.
• Clarkson-Maciel and Fradley, ‘The excluded asset gap: why floating charges capture realisations of unsecured assets’ (2022) 37(8) Butterworths Journal of International Banking & Financial Law 515.
• Fradley, ‘Re Akkurate Ltd: the territorial limits of section 236(3)’ (2021) Insolvency Intelligence 43.
• Willson and Fradley, ‘Ipso facto clauses: the international dimension’ (2021) 36(2) Butterworths Journal of International Banking & Financial Law 103.
• Fradley, ‘Robertson v Wojakovski: supporting creditors and adjournments of bankruptcy petitions for time to pay’ (2021) Insolvency Intelligence 22.
• Collins and Fradley, ‘Policing the boundaries of articles 8 and 11 ECHR’ (2019) Industrial Law Journal 225.