Sarah Clarke

Gatehouse Chambers

Sarah is a commercial chancery barrister specialising in company, insolvency and commercial litigation.

Through her insolvency practice Sarah has gained extensive experience and detailed procedural knowledge of all aspects of administration, voluntary arrangement, liquidation and bankruptcy, from the inception of proceedings to the conclusion of the insolvency process. She has advised and represented creditors, insolvency practitioners, individual debtors, companies, partnerships, limited partnerships and LLPs. Her practice includes claims concerning

• transaction avoidance,

• fraudulent and wrongful trading,

• misfeasance,

• director’s disqualification.

Her company law practice is built on providing advice and representation to companies, officeholders and members in relation to:

• shareholder disputes and unfair prejudice petitions

• claims arising from breaches of directors’ duties,

• directors’ disqualification,

• unlawful dividends,

• the enforceability of securities

Sarah also has experience of a wide spectrum of commercial litigation, with particular emphasis on disputes concerning the interpretation of contracts and the application of consumer credit law.

Practice Areas

Panels

Contributing Author
Q&A Panel

Qualified Year

2003

Membership

Chancery Bar Association

Qualification

BA (Birmingham)

Education

University of Birmingham

1 Contributions by Sarah Clarke

PRACTICE NOTES

Appeals and reviews of directors’ disqualification orders: procedure, routes, permission, filing, appellate principles and alternatives (England and Wales)

This Practice Note addresses challenges to orders arising in directors’ disqualification proceedings within England and Wales... Coronavirus (COVID-19) This material includes guidance on areas affected by the Coronavirus Act 2020 and consequent alterations to court procedures and processes due to the Coronavirus (COVID-19) pandemic. For more detail, see Practice Note: Coronavirus (COVID-19)—Changes to the court process in insolvency proceedings. For related news, guidance and other tools to support practitioners handling restructuring and insolvency work, see: Coronavirus (COVID-19)—Restructuring & Insolvency—overview... Statutory provisions and rules of court Appeals and reviews of orders under the Company Directors Disqualification Act 1986 (CDDA 1986) are not subject to a single procedural code and may proceed under the Civil Procedure Rules (CPR) or the Insolvency (England and Wales) Rules 2016 (IR 2016), SI 2016/1024. Paragraph 32 of the Practice Direction: Directors Disqualification Proceedings (PDDDP) gives limited guidance on which regime applies; however, as at the time of writing, that practice direction has not been revised to take account of the significant amendments to the CDDA 1986 introduced by the Small Business, Enterprise and Employment Act 2015 (SBEEA 2015)...

Restructuring & Insolvency

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