Gemma Kaplan
Gemma heads up Pinsent Masons' Restructuring Dispute Resolution practice and is our contentious insolvency specialist with 15 years' experience. She regularly acts for a large number of clients advising insolvency practitioners and lenders on corporate insolvencies and complex bankruptcies. Additionally, Gemma regularly advises invoice discounters/factors and asset-based lenders, carving out a niche in recoveries and restructuring advice in the receivables finance industry. She has experience in fraud investigations and often advises insolvency practitioners regarding claims arising out of directors' breaches of statutory duties.
Most recently Gemma has advised the provisional liquidators of RTI Limited (a Jersey based company) and obtained recognition of their appointment in the English courts.
Gemma is also advising a PE fund on enforcement of a £20m personal guarantee which is subject to New York law but being enforced in England & Wales under a non-exclusive jurisdiction clause.
Gemma is an experienced litigator and is known for her committed and strong approach in pursuing claims. Her advice incorporates the use of investigatory powers, cross-border insolvency and recognition and prevention of asset dissipation. Gemma specialises in investigatory work arising out of fraudulent directors and fraudulent and negligent insolvency practitioners. Gemma also represents directors being pursued by insolvency practitioners and the Insolvency Service and has advised in respect of directors’ disqualification and Insolvency Service investigations.
Practice Area
Panel
- Contributing Author
Qualified Year
- 2007
Experience
- Osborne Clarke (2007 - 2014)
- Boyes Turner (2005 - 2007)
Membership
- Association of Business Recovery Professionals (R3)
- International Women’s Insolvency & Restructuring Confederation (IWIRC)
Education
- University College London (LLM) - 2004
- The College of Law (LPC) - 2003
- University of Central England (LLB) - 2002
1 Contributions by Gemma Kaplan
PRACTICE NOTES
Protective Proceedings to Prevent Limitation Expiry: Strategy, Pre-Action Compliance, Service, Extensions, Stays, Funding and Costs in Insolvency and Civil Claims (England and Wales)
Protective proceedings
In English civil litigation and insolvency, protective proceedings are a vital device for preserving a party’s position while substantive rights are determined. They are commonly deployed to:
prevent limitation periods from lapsing,
obtain interim relief, and
safeguard assets and evidence at risk of dissipation or destruction.
This Practice Note concentrates on their role in avoiding the expiry of limitation periods and the practical factors that must be weighed. Although their aim is to uphold justice and procedural fairness, using them calls for nuanced strategy that goes well beyond simply issuing a claim or application. Protective proceedings need careful planning. Decisions should address not only the procedural frameworks in the Insolvency Act 1986, the Insolvency (England and Wales) Rules 2016 (IR 2016), SI 2016/1024, the CPR and relevant case law, but also the commercial context, evidential thresholds and potential cost consequences. A hasty or thinly supported protective step may attract adverse costs orders, damage reputation or draw judicial criticism, whereas a well-timed and well-substantiated claim/application can firmly secure a party’s litigation position and leverage in...
Restructuring & Insolvency
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