Paul Fradley#8161

Paul Fradley

Paul specialises in domestic and cross-border insolvency and restructuring, commercial litigation, offshore work, company law, and banking and finance.
 
Paul is regularly instructed in high-profile insolvency and restructuring cases, including China Evergrande Group, Lifeways Group, Debenhams, Thai Airways, Cineworld and Corbin & King. Paul also regularly appears unled in a variety of insolvency and company law applications, including winding-up petitions and rescissions, bankruptcy petitions, injunctions, directions applications, applications to set aside statutory demands and applications to extend administrations.
 
Paul is also experienced in commercial litigation. He is currently instructed in a number of Commercial Court matters and complex fraud proceedings.
 
Paul has a developing offshore practice, having been called to the Bar of Eastern Caribbean Supreme Court, British Virgin Islands. He is involved in ongoing matters in the Cayman Islands and the BVI.
 
Paul graduated with a First Class degree in Jurisprudence from the University of Oxford, ranking second in his year and winning six University prizes. He subsequently completed the Bachelor of Civil Law (BCL) at the University of Oxford, in receipt of a number of scholarships, and graduated with a Distinction. He was called to the Bar by Gray’s Inn as a recipient of the Inn’s most prestigious scholarships for both the Bar Course and Pupillage. Prior to starting practice, Paul was a Judicial Assistant in the High Court, based in the Chancery Division and Commercial Court, and tutored in the law of trusts at the University of Oxford.

Panel

  • Contributing Author

Qualified Year

  • 2019

Membership

  • Commercial Bar Association
  • Chancery Bar Association
  • Insolvency Lawyers Association

Qualifications

  • BA Jurisprudence (2017)
  • Bachelor of Civil Law (2018)

Education

  • University of Oxford (2017)

1 Contributions by Paul Fradley

Future, Contingent and Secured Debts in Insolvency (England and Wales): Provability, Rent, Discounting, Valuation, Security Realisation and Revaluation
PRACTICE NOTES
Future, Contingent and Secured Debts in Insolvency (England and Wales): Provability, Rent, Discounting, Valuation, Security Realisation and Revaluation
Provable debts The starting point for what counts as a provable debt in administration, winding-up and bankruptcy is Insolvency (England and Wales) Rules 2016 (IR 2016), SI 2016/1024, r 14.2(1). In essence, save where the rule provides otherwise, all creditor claims are provable against the company or the bankrupt, whether due now or in the future, fixed or contingent, quantified or recoverable only as damages. This sits alongside section 322 of the Insolvency Act 1986 (IA 1986) on proof of debts in bankruptcy, and IA 1986, s 382, which sets out what constitutes a bankruptcy debt. It should also be considered with IR 2016, SI 2016/1024, r 14.1, which defines “debt”, “small debt” and “liability”. Read together, these provisions supply the statutory framework for identifying debts and determining which debts are provable across different insolvency processes. An office-holder may, for dividend purposes only, treat small debts—currently £1,000 or less—as proved without the creditor actually lodging a proof. However, it is apparent from Re Nortel GmbH that an expansive view...
Restructuring & Insolvency
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