Legal Guidance and Research / Experts / Kate Rogers
Kate Rogers#3883
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Kate Rogers

Radcliffe Chambers

Kate undertakes a broad spectrum of commercial litigation whilst specialising in insolvency. She regularly appears in both the High Court and the County Court, with significant trial and injunctive advocacy experience.

Kate’s insolvency practice encompasses, sham transactions; transactional avoidance; preference payments; defrauding creditors; trust deeds; declaratory relief; income payments orders; enforcement; contested winding up proceedings; administration orders; and injunctive relief, both in respect of freezing orders and in respect of the presentation/advertisement of winding up petitions. This includes proceedings in which there is a foreign jurisdictional element and in which it is necessary to advise on the cross-boarder part of the claim.

In addition, Kate has experience of the law of receivership, the appointment of receivers, and their duties. She has successfully acted for receivers in claims brought against them and in obtaining injunctive relief.

Practice Area

Panels

  • Contributing Author
  • Q&A Panel

Qualified Year

  • 2009

Membership

  • Comm Bar
  • Midlands Commercial Chancery Bar Association
  • Midland Circuit
  • Young Barristers Committee to the Bar Council

Qualification

  • LLB and Bar Course

3 Contributions by Kate Rogers

Administration and Interim Moratorium: Purpose, Effect, Restrictions on Creditor Action, and Court Permission to Lift (England and Wales and Scotland)
PRACTICE NOTES
Administration and Interim Moratorium: Purpose, Effect, Restrictions on Creditor Action, and Court Permission to Lift (England and Wales and Scotland)
The moratorium is integral to any administration aimed at saving a company or enabling the restructuring of a business. This Practice Note explains what the moratorium is, how it applies in practice, and the considerations the court will assess when faced with an application to lift it. The purpose of the moratorium The objective of the moratorium is to provide the company or its administrators with breathing space to develop and implement proposals, and to examine the position of the company, its business and its assets. As outlined in the section below, ‘The effect of the moratorium’, it imposes a stay on proceedings, actions and other steps against the company or its property for the relevant period, save with the consent of the administrator (if appointed) or with the court’s permission (leave). Within administration there are two forms of moratorium: the moratorium and the interim moratorium, each of which—subject to limited exceptions—has broadly the same effect...
Restructuring & Insolvency
Liquidation stay in England and Wales: when it arises, court approach to lifting or imposing, cross-border issues, and making applications
PRACTICE NOTES
Liquidation stay in England and Wales: when it arises, court approach to lifting or imposing, cross-border issues, and making applications
What is a liquidation stay? A liquidation stay, when operative, broadly mirrors a moratorium or interim moratorium in administration under paragraphs 43 and 44 of Schedule B1 to the Insolvency Act 1986 (IA 1986). For more on the administration moratorium, see Practice Note: The moratorium in administration. While the stay is in place, no claim or proceedings may be started or carried on against the company or its property without the court’s permission. Any proceedings allowed may proceed only on such terms as the court chooses to impose. This Practice Note considers when the liquidation stay takes effect, what it does, and the factors the court weighs when deciding whether to lift the stay or, where apt, to impose it. When the liquidation stay applies, its purpose and effect Unlike the moratorium or interim moratorium in administration, a liquidation stay does not arise automatically in every liquidation. It applies as follows: in compulsory liquidation—once a winding-up order is made, or a provisional liquidator is appointed, no action or proceeding may be begun or continued against the company or its property without the court’s permission...
Restructuring & Insolvency
When can you present a winding-up petition on a disputed debt? Principles, cross-claims, solvency, arbitration clauses, exceptional cases, and case management directions (England and Wales)
PRACTICE NOTES
When can you present a winding-up petition on a disputed debt? Principles, cross-claims, solvency, arbitration clauses, exceptional cases, and case management directions (England and Wales)
Practice Note It has long been settled that a winding-up should not be set in motion where the petition debt is genuinely and substantially in dispute. Should an alleged creditor nonetheless try to proceed, the court may rely on its inherent jurisdiction to prevent a petition being presented. Moreover, treating the winding-up court as a tool for chasing debts amounts to an abuse of process. Yet there remains controversy over what amounts to a ‘genuine dispute’. This Practice Note reviews scenarios in which petition debts have been challenged and identifies key principles that emerge from the authorities and recent case law guidance and relevant commentary...
Restructuring & Insolvency
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