Natasha Dzameh
Natasha is a specialist commercial and chancery barrister who is consistently ranked as a leading junior in Chambers UK and Legal 500. She has been described as someone who has “a good way with clients” as well as being “an assertive and tenacious advocate”, “very responsive, extremely thorough, pragmatic and easy to work with as part of the team”, “approachable” and “extremely intelligent, with an eye for practical and innovative solutions”.
Natasha is often instructed as sole counsel in high value, multifaceted litigation. She has experience of acting as junior to senior counsel on particularly complex matters and working in teams of counsel on large scale, high value, document-heavy government disputes. Her clients range from individuals to major financial institutions and international companies including high street brands.
Natasha’s main areas of expertise are:
- Commercial disputes – agricultural, banking and financial (including mis-selling and guarantees), classic cars, construction, equine, hire, insurance, IT and NHS contracts, restoration of historic documents, yachts and superyachts etc.
- Insolvency – corporate and personal (including partnerships and insolvent estates)
- Professional Negligence
- Property Damage and Real Estate
- Wills, Trusts and Probate – especially will construction, constructive trust and proprietary estoppel claims, estate administration, removal of personal representatives and trustees, inheritance disputes, undue influence and will validity challenges.
Natasha is particularly well-placed to assist on matters involving an overlap between her specialisms and she especially enjoys dealing with injunctions.
Natasha is an accredited mediator and has also been published in the Trusts and Estates Law & Tax Journal several times.
Practice Area
Panel
- Contributing Author
Qualified Year
- 2010
Membership
- COMBAR
- Chancery Bar Association
- Professional Negligence Bar Association
Qualifications
- LLM in International Commercial Law (Distinction) (2012)
- LLB (Hons) (2009)
Education
- University of Nottingham (2012)
- University of Hull (2009)
6 Contributions by Natasha Dzameh
PRACTICE NOTES
Administration of joint and separate estates in insolvent limited partnerships: expenses, debts and priorities under the Insolvent Partnerships Order 1994 and Insolvency Act 1986
Applicable legislation
A limited partnership is wound up using the approach applied to an ordinary partnership, which in essence tracks and broadly mirrors the unregistered company winding‑up procedure (see SI 1994/2421, art 8 and Sch 4, and Practice Note: Winding‑up a general partnership as an unregistered company).
The liquidation of any corporate partner, and the bankruptcy of any individual partner, take place under the standard insolvency regime, but with adjustments made and given effect by the Insolvent Partnership Order 1994 (IA 1986, s 136(4) as modified by SI 1994/2421, Sch 4).
The Insolvency (Miscellaneous Amendments) Regulations 2017, SI 2017/1119, revise the rules for limited partnerships to bring them into line with the insolvency procedures applicable to other entities following wider reforms.
Of particular relevance to limited partnerships, SI 2017/1119 updates the Insolvent Partnerships Order 1994, SI 1994/2421 (IPO 1994), substituting mentions of ‘the Insolvency Rules 1986’ with ‘the IR 2016’, and making allied amendments to the Company Directors Disqualification Act 1986 (CDDA).
For further details and context, refer to the Government’s Explanatory Memorandum and Aligning provisions of general insolvency law—the Insolvency (Miscellaneous Amendments) Regulations 2017)...
Restructuring & Insolvency
PRACTICE NOTES
General Partnership Insolvency: partner bankruptcy, dissolution, contributory calls and officer disqualification under IPO 1994, IR 2016 and IA 1986 (England and Wales)
Applicable legislation
As amended, the Insolvent Partnerships Order 1994 (IPO 1994), SI 1994/2421, provides that IR 2016, SI 2016/1024, “as from time to time in force”, applies to insolvent partnerships, subject to whatever modifications are needed by the circumstances to give effect to IA 1986 and the Company Directors Disqualification Act 1986 (IPO 1994, SI 1994/2421, Art 18 and Sch 10) (see Practice Note: Partnerships and the disqualification regime). Before 8 December 2017 (and taking account of the transitional and savings provisions in the Insolvency (Miscellaneous Amendments) Regulations 2017), IPO 1994 stated that IR 1986, SI 1986/1925, “as from time to time in force”, applied to insolvent partnerships. That formulation indicates that, save as noted below, the wide-ranging changes to IR 1986 introduced by the Insolvency (Amendment) Rules 2010 with effect from 6 April 2010, also applied to insolvent partnerships. Where IR 2016 conflicts with IPO 1994, IPO 1994 takes precedence (IPO 1994, SI 1994/2421, Art 18(2)). IPO 1994 likewise prevailed in any inconsistency with IR 1986. Accordingly, IPO 1994 governed in precedence over both sets of Rules where necessary...
Restructuring & Insolvency
PRACTICE NOTES
Insolvency of general partnerships: expenses and debt priorities for joint and separate estates, including financial firm ranking and Brexit changes (Insolvency Act 1986; Insolvent Partnerships Order 1994)
Applicable law
The common law prior to the Insolvency Act 1986 (IA 1986) embraced a pragmatic rule: when dealing with the estates of an insolvent partnership and its partners, liabilities of the firm should be discharged from firm assets, whilst a partner’s personal liabilities should be satisfied from that partner’s own assets. This rule of convenience kept firm and personal funds separate at first instance, and guided the conduct of overall administration. Where either estate proved insufficient, any shortfall was to be met from any surplus available in the other estate or estates (see Re Rudd & Son). This Practice Note considers the regime relevant to matters within the ambit of the Insolvent Partnerships Order 1994 (IPO 1994), SI 1994/2421. For guidance on what amounts to partnership property in a general partnership, see Practice Note: The nature of a general partnership and its legal framework, and News Analysis: Court determines property is only partnership property where so agreed by the partners (Wild v Wild and Others)...
Restructuring & Insolvency
PRACTICE NOTES
Insolvency of limited partnerships (including PFLPs): principles, partner liability, winding up, Companies House requirements, dissolution and bankruptcy issues, entity classification, and forthcoming reforms
Applicable legislation
Limited partnerships are established under the Limited Partnerships Act 1907 (LPA 1907). The Partnership Act 1890 (PA 1890), together with equitable principles and the common law relating to partnerships, also governs limited partnerships, so far as consistent with the LPA 1907...
A limited partnership, like a general partnership, does not possess separate legal personality (Re Barnard, Martins Bank v Trustee)...
Insolvency law generally treats limited partnerships in the same way as insolvent general partnerships. The Insolvent Partnerships Order 1994 (IPO 1994), SI 1994/2421, aligns the insolvency treatment of general and limited partnerships. Nonetheless, the IPO 1994, SI 1994/2421 contains certain adaptations that are specific to limited partnerships. These reflect that, for insolvency purposes, a general partner is dealt with under the same rules as a general partner in an ordinary partnership, whereas tailored provisions apply to the limited partner due to the protection afforded by their limited liability...
Restructuring & Insolvency
PRACTICE NOTES
Limited partnership insolvency in England and Wales: limited partners’ liability, officer status and duties, and procedural points (including PFLPs)
Relevant legislation
Limited partnerships are established pursuant to the Limited Partnerships Act 1907 (LPA 1907). Of note for such structures, the Insolvency (Miscellaneous Amendments) Regulations 2017, SI 2017/1119, revise the Insolvent Partnerships Order 1994 (IPO 1994), SI 1994/2421, substituting citations to the Insolvency Rules 1986, SI 1986/1925, with references to the Insolvency (England and Wales) Rules 2016, SI 2016/1024. Those Regulations also modify the Company Directors Disqualification Act 1986 (CDDA 1986), bringing in several changes to the director disqualification framework, namely: broadening the factors of unfitness to be assessed on a disqualification, lengthening the time limit for issuing a disqualification application to three years, and permitting applications for a compensation order against a disqualified director. For more information, consult the government’s Explanatory Memorandum and the News Analysis: Aligning provisions of general insolvency law—the Insolvency (Miscellaneous Amendments) Regulations 2017...
Restructuring & Insolvency
PRACTICE NOTES
Winding-up Insolvent General Partnerships as Unregistered Companies (England and Wales): Creditor and Member Petitions, Grounds, Procedure and Liquidator Powers under the Insolvency Partnerships Order 1994
This Practice Note examines the winding-up of an insolvent partnership treated as an unregistered company under the Insolvency Partnerships Order 1994 (IPO 1994), SI 1994/2421, arts 7 and 9, on the petition of a creditor, member, responsible insolvency practitioner (IP) or the Secretary of State, provided no simultaneous petition is issued against a member or members. IPO 1994, Sch 3, and Sch 5 (for a member’s petition) adjust elements of Part V of the Insolvency Act 1986 (IA 1986), which addresses the winding-up of an unregistered company. Note: there is no provision for the voluntary winding-up of a partnership (IA 1986, s 221(4), as modified by IPO 1994, SI 1994/2421, Sch 3 Pt I, para 3).
Background
General partnerships, unlike limited liability partnerships (LLPs), do not possess separate legal personality, so partners remain jointly and severally liable for partnership debts. In the absence of a written partnership agreement, the default provisions in the Partnership Act 1890 apply. Limited partnerships under the Limited Partnership Act 1907 likewise lack separate legal personality, though they can be registered at Companies House. In limited partnerships, the general partner(s) manage the enterprise with unlimited liability, whilst the limited partner(s)...
Restructuring & Insolvency
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