Vanessa Whitman
Vanessa Whitman is a Partner in the Finance Disputes team at CMS in London. Vanessa has over 15 years’ experience as a finance and insolvency litigator and works primarily on contentious matters for banks and insolvency professionals, advising clients on various aspects of contentious banking and insolvency law. She has a growing practice specialising in FinTech and Crypto disputes.
Vanessa also has significant experience advising clients how to deal with Serious Fraud Office cases and other fraud related matters, having advised on Britain’s largest mortgage fraud. Vanessa recently successfully defended a £300m follow-on civil claim related to the same fraud at a 5-week Commercial Court trial.
Practice Area
Panel
- Contributing Author
Qualifications
- LPC (2004-2005)
- Solicitor of the Courts of England and Wales (2008)
- PgDL (2003- 2004)
Education
- University of Warwick (2000 - 2003)
- BPP Law school (2003- 2004)
1 Contributions by Vanessa Whitman
CHECKLISTS
Assigning insolvency estate and office-holder claims in England and Wales: practical checklist on powers, validity, costs, documentation, disclosure and key authorities (Insolvency Act 1986; SBEEA 2015)
What claims or causes of action can be assigned?
Insolvency office-holders should bear in mind the difference between transferring an ‘office-holder claim’ (ie any statutory cause of action the office-holder may pursue under the Insolvency Act 1986 (IA 1986)) and a claim that resides in the insolvent company (ie a ‘company claim’) or in the bankrupt individual.
Claims which vest in the insolvent company or the bankrupt individual
An insolvency office-holder’s central obligation is to gather in the property of the insolvent company or the bankrupt individual and to realise its value for the benefit of creditors.
See Practice Notes:
Role, powers, functions and duties of an administrator
Role, powers, functions and duties of a liquidator
Role, powers, functions and duties of a trustee in bankruptcy
As choses in action fall within the meaning of property capable of realisation, insolvency office-holders may assign claims that vest in an insolvent company or a bankrupt individual from the outset of the insolvency proceedings, under various provisions of IA 1986...
Restructuring & Insolvency
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