Sam Laughton

Ten Old Square

Sam Laughton’s practice encompasses a broad range of Chancery litigation and advisory work, with a particular focus on both commercial, private and agricultural disputes relating to property. He is particularly skilled in multidisciplinary litigation, drawing on his expertise in: land contracts; restrictive covenants and easements; commercial and residential landlord and tenant; personal and corporate insolvency; commercial disputes and company law; family and corporate trusts; wills, probate and the administration of estates; and professional negligence arising out of these fields.

Practice Area

Restructuring & Insolvency

Panel

Contributing Author

Qualified Year

1993

Membership

Chancery Bar Association
Property Bar Association

Qualification

MA Hons (1988)

Education

University of Cambridge (1985–88)

1 Contributions by Sam Laughton

PRACTICE NOTES

Insolvency expenses in liquidation, bankruptcy and administration: classification, prioritisation and key authorities (England and Wales)

What are expenses? All fees, costs, charges and any other outgoings arising during a winding up (Insolvency (England and Wales) Rules 2016 (IR 2016), SI 2016/1024, rr 6.42 and 7.108), administration (IR 2016, SI 2016/1024, r 3.50) or bankruptcy (IR 2016, SI 2016/1024, r 10.148) are treated as expenses of the relevant winding up, administration or, as applicable, the bankruptcy... For liquidation and bankruptcy, the applicable provisions are IR 2016, SI 2016/1024, r 6.42 (creditors’ voluntary winding up), IR 2016, SI 2016/1024, r 7.108 (winding up by the court) and IR 2016, SI 2016/1024, r 10.149 (bankruptcy). As many of these provisions are framed in almost identical terms, the following observations apply across all three rules. Whether spending by a liquidator or a trustee in bankruptcy (trustee) qualifies as an expense of the liquidation or the bankruptcy is not a matter over which the court has any discretion. The position depends solely on whether the particular expenditure falls within one of the specified categories...

Restructuring & Insolvency

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