Simon Passfield

Guildhall Chambers

Simon is a specialist insolvency barrister who undertakes litigation and advisory work in all aspects of corporate and personal insolvency law. He has been consistently recognised as a leading junior in this field by Chambers and Partners and Legal 500 and has appeared in a number of reported insolvency cases.

In the last year, Simon has been involved in the leading cases concerning the effect of bankruptcy on pension rights (Horton v Henry [2015] 1 WLR 2488; Re X (Application for Income Payments Order) [2014] BPIR 1081), has acted for a trustee in bankruptcy in a variety of applications in a complex multi-million pound bankruptcy involving the concealment and disposal of assets by a serially non-cooperative bankrupt (Wood v Lowe [2015] EWHC 2634 (Ch)), has acted successfully for majority creditors in seeking to remove liquidators in a multi-million pound, multi-jurisdictional liquidation (Re Overfinch Bespoke Vehicles Limited), has acted successfully for a liquidator in a claim against a Premier League football club (Events Management Catering Ltd v Hull City Tigers Ltd), has obtained freezing injunctions against the former directors of a company in liquidation (Re Lim’s Fish and Chips Limited) and secured a suspended committal order against a misfeasant bankrupt (Re Hinchliffe).

Contributed to

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Debt relief orders (DROs)

Practice notes

This Practice Note, produced in partnership with Simon Passfield of Guildhall Chambers, looks at debt relief orders (DROs) which allow eligible debtors with a low income, low amount of debt and low value of assets to apply to the official receiver to be discharged from their qualifying debts after the expiry of one year. A DRO is therefore an alternative process to bankruptcy, and does not result in the realisation of any asset.

Restructuring & Insolvency

A client is in voluntary liquidation and has the benefit of an overage over some land. The liquidation should be finalised shortly. Can the benefit of the overage be assigned to a third party before its finalised?

Q&As

Restructuring & Insolvency

Are there any restrictions on a bankrupt bringing and/or continuing an application to set aside judgment obtained by one of their creditors pre-bankruptcy?

Q&As

Restructuring & Insolvency

In light of section 121 of the Small Business, Enterprise and Employment Act 2015, in respect of any proceedings issued prior to the date of commencement of that section where sanction was obtained, does a trustee or liquidator still have to apply to increase that sanction?

Q&As

Restructuring & Insolvency

What is the status of a creditors voluntary liquidation given that the sole director of the company was not properly appointed as a director prior to entering liquidation?

Q&As