I’m a specialist litigator with particular expertise in asset based lending. I provide clear and concise commercial advice founded on in-depth analysis.
My almost encyclopaedic memory enables me to easily recall and apply details of previous cases and effectively process large amounts of information to my clients’ benefit.
I am assertive but personable and this is reflected in my approach to litigation: I favour sound argument and open dialogue over futile aggression.
I avoid Pyrrhic victories, instead steering clients towards commercial resolutions that deliver the best overall outcomes for their businesses.
I have over 10 years’ experience:
- helping ABLs with both contentious and quasi-contentious matters
- acting for banks and other receivables financiers on all aspects of ABL work, offering sound, commercial advice on any industry-related issues
- litigating all types of debt recovery actions in both the UK and Ireland
- enforcing security documents against guarantors, warrantors and indemnifiers
- managing and administering large scale collect-outs of sales ledgers on behalf of either invoice finance companies or insolvency practitioners
My highlights include:
- assisting with the collect out of a failed printing business’ sales ledger, resulting in a full recovery for our client. This included reaching a settlement with the guarantors and administrators of a former customer on the retention of contractual fees owed to our client
- defending a client against proceedings by the liquidators and former director/shareholder of a company which had operated a facility with them. They claimed that our client had deliberately placed a solvent company into administration for financial gain. We achieved an out-of-court confidential settlement, protecting our client’s business interests
- assisting with the collect-out of the sales ledger of a glass supplier that had entered into liquidation, dealing with various defences raised by the debtors, including claims for the loss of warranty. The client recovered all core debt, including hard cost disbursements
- minimising the losses suffered by a client when one of its customers became subject to a winding-up petition. This was achieved through the application of several weeks of pressure to the company, its directors and security providers
- successfully pursuing a major online retailer and a global delivery and logistics company for second payment actions on behalf of a client whose interests in the debt had been disclosed to both debtors prior to them making payments to the supplier’s accounts (as opposed to the trust account). Both debtors paid the debt again in full, plus interest and costs
I instruct FWJ regularly with my main point of contact being Mike Lockton. Mike makes himself available regardless of other work pressures and gives solid advice which I trust. It is definitely what we need to hear as opposed to what we want to hear on occasion which is refreshing. Mike will give us an honest assessment of how strong our case is together with a realistic costs estimate so that we go into cases with our eyes open. The speed of response from Mike and the wider team is something I know I can rely onMichelann Birch, National Commercial Recoveries Executive at Bibby Financial Services [UK] Limited
Mike has provided astute, cost-effective advice to us for several years now, whether assisting with debt recovery litigation against our clients or their customers. He is always willing to provide his commercial views on a given situation in addition to assessing the legal risks and likely costs of recovery, which allows us to engage in informed discussions as to the most appropriate strategy for our business. Mike also ensures his advice is tailored to our business model, both through his clear understanding of invoice finance and in appreciating that we have a number of investor stakeholders with whom that advice will often be sharedEoin O’Reilly, VP Head of Legal & Compliance at MarketFinance Limited