Hugh Jory KC

Hugh is a leading silk in this area with considerable experience across the full spectrum of insolvency law.

Over his career he has acted in some of the most important insolvency cases over the last two decades including (a) the important Court of Appeal decisions in Hollicourt v Bank of Ireland [2001] Ch 255, and Re: Mumtaz Properties [2012] 2 BCLC 109 which are still leading authorities in relation to claims against banks pursuant to s.127 Insolvency Act 1986 and burdens of proof in claims against directors where company books and records are incomplete and (b) the successful strike out including on appeal in relation to the wrongful trading claim against former director clients in Johnson v Beighton  [2019] EWHC 895 (Ch) .

He was also instructed to obtain one of the (then) new Special Administration Orders in the light of the Lehman Brothers collapse in respect of a leading stockbroking firm, by reason of his former career in investment banking which equipped him with expertise in insolvency and financial literacy.

He acts regularly for insolvency practitioners in claims against former directors, as well as for directors in defending claims brought against them. He also advises insolvency practitioners as to their duties and where appropriate in respect of applications to court for directions.

Featured Cases

• Acting for a significant shareholder/creditor in a housebuilding company after a fall out with the other shareholder, involving the presentation of an Administration application and subsequent parting of the ways ensuring the survival of the company.
• Acting for the joint administrators in relating to the complex principles of marshalling and subrogation by reason of unjust enrichment and agricultural charges in relation to claims by rival creditors and different insolvencies McLean v Chadwick [2016] EWHC 2650 (Ch) Norris J.
• Advising a significant creditor of a subsidiary company in relations to its entitlement to ownership of funds held by its parent’s administrators, and the application a Quistclose
• Advising the former directors of a large insurance broker that went into liquidation in relation to claims brought against them by the liquidator. This case came to Hugh as a result of his involvement in LRH v Trew  [2018] EWHC 600 (Ch) which concerned similar arguments.  The case required detailed knowledge of company accounts and accounting principles.
• Advising in relation to set-off of losses caused to gas purchaser by the insolvency of a gas supplier.
• Rancom Security Ltd v Girling & Ors [2023] EWHC 1115 (Ch): successful trial involving confidential information, database rights, breaches of duty as senior employees and malicious falsehood. The case also involved numerous injunctions, directions for assessment of damages followed by successful applications for freezing orders against the defendants along with an administration order made against the new company that they had set up in competition to the claimant and the subsequent permission to appeal by the Defendants was rejected by the Court of Appeal.
• Success at trial for defendant director of large property company in liquidation who was accused of misfeasance, breach of trust and duty. The case also involved the enforcement of guarantees over the company in liquidation.
• Defending two accountants at a trial which saw the Secretary of State’s case against them for disqualification dismissed.