Rebecca Page

Business disputes involving contracts (including breach of warranty claims), agency, civil fraud, breach of fiduciary duties, conspiracy, misrepresentation, banking, loans, guarantees, sale of goods, mortgages and other securities. Her experience includes conflicts of law issues concerning jurisdiction and applicable law, applications for freezing orders, proprietary injunctions and other interim relief.

Rebecca appeared as junior counsel in the Supreme Court for the successful parties in Bilta (UK) Ltd(in liquidation) v Nazir [2016] AC1(led by Christopher Parker KC) – confirming claims by an insolvent company for breach of fiduciary duty, dishonest assistance and conspiracy were not defeated by the illegality defence. Her experience includes claims against fiduciaries for secret profits and diversion of business opportunities, conspiracy and dishonest assistance/knowing receipt claims, acting for liquidators in several MTIC fraud cases.

Notable cases include:

• LCIA Arbitration: shareholder dispute concerning £1bn family-owned group. Allegations of unfair prejudice. Settled before 6-week trial.
• Henderson & Jones Ltd v Ross & Others [2023] EWHC 1276 (Ch): 18-day High Court trial. Successfully defended £33m claims for alleged breach of directors’ duties, negligence, dishonest assistance and conspiracy arising out of the corporate restructuring of a private hospital group
• Re P14 Medical Limited v Mahon [2020] EWHC 1823 (QB): successfully obtaining interim injunctions to enforce restrictive covenants (non-solicitation and non-compete) and restrain use of confidential information against a former director and employee.
• LCIA Arbitration: acting on contractual dispute relating to European TV channel. Achieved settlement.
• Interlink v Revenko: successfully obtaining ex parte freezing and proprietary injunctions against former agents (and their associates) in £5m+ claims for breach of fiduciary duty (secret profits and diversion of business opportunities), dishonest assistance, knowing receipt and conspiracy arising out of international titanium trading (Business List (ChD), January 2019)
• LCIA Arbitration: acting on multi-million-pound dispute between high-net-worth individuals. Achieved settlement.
• LCIA Arbitration: acting on shareholder dispute concerning IT start-up. Achieved settlement.
• Hynes Heating Solutions v Homebase: appeared for Homebase successfully striking out £1.2m claim against it for breach of contract. (High Court, Birmingham, March 2017).
• Bilta (UK) Ltd (in liquidation) and others v Nazir [2016] AC 1: Supreme Court decision on dishonest assistance, conspiracy, director’s breach of duty, corporate attribution, illegality and fraudulent trading (led by Christopher Parker KC) arising out of MTIC trading in carbon credits.
• Tomlinson v Pickup [2014] EWHC 4495 (Ch): appeared as sole counsel for successful claimants in Chancery Division trial for enforcement of oral agreement for shares and directorships.
• Bilta (UK) Ltd (in liquidation) v Nazir [2014] Ch 52: Court of Appeal dishonest assistance, breach of duty and fraudulent trading (led by Christopher Parker KC).
• Burntcopper Ltd v International Travel Catering Association Ltd [2014] All ER (D) 64 (Feb): appeared for defendants as sole counsel in Commercial Court trial on liability for breach of contract.
• Arla Foods UK plc v Barnes [2009] 1 BCLC 699: Chancery Division trial, breach of contract. Instructed as junior counsel for claimant.
• Alan Williams Entertainment Ltd v Hurd [2006] E.M.L.R. 15, Chancery Division trial. Claim for breach of compromise agreement in relation to split of ‘The Rubettes’ pop band. Music Industry.
• Devi v Banerji [2005] All ER (D) 340 (Jun): Chancery Division, civil evidence, letter of request for examination out of jurisdiction (led by Michael Driscoll QC).

Contentious matters including directors’ liabilities, shareholder disputes (unfair prejudice petitions, derivative claims, just and equitable winding up), claims concerning unlawful distributions of capital and unlawful dividends, corporate insolvency, dissolution, restoration and directors disqualification. Rebecca has experience of companies in wide range of sectors including IT, biotech, electrical engineering, manufacturing, hospitality, property and sport.

Notable cases include:

• Lane v Lane [2024] EWHC 2616 (Ch): appeared for successful shareholders at 5-day High Court trial of claim to disputed shares based on oral agreement alternatively proprietary estoppel. Achieving dismissal of unfair prejudice petition concerning company’s use of a Remuneration Trust tax scheme and rejection of allegations against director-shareholders of breach of s.174 Companies Act 2006.
• LCIA Arbitration: shareholder dispute concerning £1bn family-owned group. Allegations of unfair prejudice. Settled before 6-week trial (2024).
• Henderson & Jones Ltd v Ross & Others [2023] EWHC 1276 (Ch): 18-day High Court trial. Successfully defended £33m claims for alleged breach of directors’ duties, negligence, dishonest assistance and conspiracy arising out of the corporate restructuring of a private hospital group. Transaction alleged to include a transaction defrauding creditors (contrary to s.423 Insolvency Act 1996), unlawful dividend, unlawful return of capital and amount to an informal winding up.  
• Sprint Electric Ltd v Buyer’s Dream Ltd [2021] EWHC 960 (Ch): appearing for majority shareholder on 4-day consquencials hearing on unfair prejudice petition. Determined issues of quasi-interest and costs where petitioner failed to establish all allegations of unfair prejudice.
• Re Sprintroom Limited [2020] EWHC 3465 (Ch): 5-day High Court trial on valuation of shares in unfair prejudice petition.
• Re Sprintroom Limited [2019] BCC 1031: Court of Appeal, Rebecca appeared un-led in cross-appeals in unfair prejudice petition in which Court of Appeal gave guidance on what constitutes a reasonable offer to purchase a minority shareholding.
• LCIA Arbitration: acting on shareholder dispute concerning IT start-up. Achieved settlement. 
• Brockstone Ltd v Force India Formula One Team Ltd. [2018] EWHC 3852 (Ch): successfully acted for a creditor in contested application to appoint Administrators in respect of a Formula One team.
• Bilta (UK) Ltd (in liquidation) and others v Nazir [2016] AC 1: Supreme Court decision on dishonest assistance, conspiracy, director’s breach of duty, corporate attribution, illegality and fraudulent trading (led by Christopher Parker KC) arising out of MTIC trading in carbon credits.
• Tomlinson v Pickup [2014] EWHC 4495 (Ch): appeared as sole counsel for successful claimants in Chancery Division trial for enforcement of oral agreement for shares and directorships.
• Bilta (UK) Ltd (in liquidation) v Nazir [2014] Ch 52: Court of Appeal dishonest assistance, breach of duty and fraudulent trading (led by Christopher Parker KC).
• Bilta (UK) Ltd (in liquidation) v Nazir [2013] 1 All ER 375: Chancery Division, dishonest assistance, breach of duty and fraudulent trading (led by Christopher Parker KC).
• Re Neath Rugby Ltd (No 2) Hawkes v Cuddy (No 2) [2009] 2 BCLC 427: Court of Appeal, Unfair Prejudice petition. Instructed as junior counsel.
• Re Neath Rugby Club Ltd; Hawkes v Cuddy [2008] All ER (D) 252 (Nov): Chancery Division 3-week trial of unfair prejudice petition. Instructed as junior counsel for successful respondent.
• Cuddy v Hawkes [2007] BPIR 1217: Court of Appeal, Unfair Prejudice. Instructed as junior counsel.

All aspects of contentious corporate and personal insolvency, office holder and asset recovery claims and investigations, including claims for breach of directors’ duties, wrongful and fraudulent trading, transactions at an undervalue, transactions defrauding creditors and preferences. Cross-border insolvency issues including under the EC Regulation on Insolvency Proceedings.

Rebecca’s experience includes advising in relation to the Lehman Brothers International (Europe)(in administration) Waterfall applications (Waterfall 1, Waterfall IIA and Waterfall IIB), appearing as junior counsel in the Supreme Court in Re Bilta (UK) Ltd (in liquidation) in which the Supreme Court confirmed the extra- territorial effect of s.213 Insolvency Act 1986 and advising liquidators of a retail company with a substantial pension deficit where action had been taken by The Pensions Regulator. Rebecca’s insolvency experience spans a wide range of sectors including, banking and finance, property holding and development, retail, legal, sports, music and entertainment and renewable energy. Clients have ranged from hedge funds to HMRC, directors, office holders and secured / unsecured creditors.

Notable cases include:

• Henderson & Jones Ltd v Ross & Others [2023] EWHC 1276 (Ch): 18-day High Court trial. Successfully defended £33m claims for alleged breach of directors’ duties, negligence, dishonest assistance and conspiracy arising out of the corporate restructuring of a private hospital group. Transaction alleged to include a transaction defrauding creditors (contrary to s.423 Insolvency Act 1996), unlawful dividend, unlawful return of capital and amount to an informal winding up. 
• Brockstone Ltd v Force India Formula One Team Ltd. [2018] EWHC 3852 (Ch): successfully acted for a creditor in contested application to appoint Administrators in respect of a Formula One team.
• Bilta (UK) Ltd (in liquidation) and others v Nazir [2016] AC 1: Supreme Court decision on dishonest assistance, conspiracy, director’s breach of duty, corporate attribution, illegality and fraudulent trading (led by Christopher Parker KC) arising out of MTIC trading in carbon credits.
• Bilta (UK) Ltd (in liquidation) v Nazir [2014] Ch 52: Court of Appeal dishonest assistance, breach of duty and fraudulent trading (led by Christopher Parker KC).
• Bilta (UK) Ltd (in liquidation) v Nazir [2013] 1 All ER 375: Chancery Division, dishonest assistance, breach of duty and fraudulent trading (led by Christopher Parker KC)
• Re Bowen Travel Ltd [2012] All ER (D) 63 (Dec): Application for Administration Order (Chancery Division Birmingham DR) in respect of a travel company.
• Hunt v Harb and Aziz [2012] 1 W.L.R. 317: Court of Appeal, appeared un-led for Trustee in Bankruptcy in successfully responding to appeal against judge’s refusal to make pre-emptive costs order in case concerning assignment of cause of action to bankrupt.
• Stephen Hunt (Trustee in bankruptcy of the Estate of Janan George Harb) v HRH Prince Abdui Aziz Bin Fahd Abdul Aziz v Janan George Harb [2011] EWHC 714 (Ch): Application by bankrupt to set aside notice of discontinuance filed by trustee in bankruptcy and for directions for assignment of claim to bankrupt.
• Re DCC Realisations Ltd (in liquidation) [2009] STC 1390: Chancery Division, jurisdiction, administration and excise duty. Appeared as sole counsel for HMRC.
• Coulter v Chief of Dorset Police [2004] BPIR 462: Chancery Division, bankruptcy, choses in action and assignment.

Disputes concerning civil fraud, breach of fiduciary duties, conspiracy and misrepresentation. Her experience includes conflicts of law issues concerning jurisdiction and applicable law, applications for freezing orders, proprietary in junctions and other interim relief.

Rebecca appeared as junior counsel in the Supreme Court for the successful parties in Bilta (UK) Ltd(in liquidation) v Nazir[2016] AC1(led by Christopher Parker KC) – confirming claims by an insolvent company for breach of fiduciary duty, dishonest assistance and conspiracy were not defeated by the illegality defence. Her experience includes claims against fiduciaries for secret profits and diversion of business opportunities, conspiracy and dishonest assistance/knowing receipt claims, acting for liquidators in several MTIC fraud cases.

Notable cases include:

• LCIA Arbitration: shareholder dispute concerning £1bn family-owned group. Allegations of unfair prejudice, civil fraud and dishonesty. Settled before 6-week trial (2024).
• Henderson & Jones Ltd v Ross & Others [2023] EWHC 1276 (Ch): 18-day High Court trial. Successfully defended £33m claims for alleged breach of directors’ duties (including fraudulent breach), negligence, dishonest assistance and conspiracy arising out of the corporate restructuring of a private hospital group.
• Interlink v Revenko: successfully obtaining ex parte freezing and proprietary injunctions against former agents (and their associates) in £5m+ claims for breach of fiduciary duty (secret profits and diversion of business opportunities), dishonest assistance, knowing receipt and conspiracy arising out of international titanium trading (Business List (ChD), January 2019)
• Bilta (UK) Ltd (in liquidation) and others v Nazir [2016] AC 1: Supreme Court decision on dishonest assistance, conspiracy, director’s breach of duty, corporate attribution, illegality and fraudulent trading (led by Christopher Parker KC) arising out of MTIC trading in carbon credits.
• Bilta (UK) Ltd (in liquidation) v Nazir [2014] Ch 52: Court of Appeal dishonest assistance, breach of duty and fraudulent trading (led by Christopher Parker KC)).
• Bilta (UK) Ltd (in liquidation) v Nazir [2013] 1 All ER 375: Chancery Division, dishonest assistance, breach of duty and fraudulent trading (led by Christopher Parker KC).

Rebecca acts for claimants, defendants and professional indemnity insurers in professional negligence matters involving legal, insolvency, business and accountancy professionals.

Notable cases include:

• Henderson & Jones Ltd v Ross & Others [2023] EWHC 1276 (Ch): 18-day High Court trial. Successfully defended £33m claims including for professional negligence against company consultant / alleged de facto director arising out of the corporate restructuring of a private hospital group. Dishonest assistance and conspiracy claims also successfully defended.
• Harrington Scott Ltd v Coupe Bradbury Solicitors Ltd [2022] EWHC 2275 (Ch): successfully striking out a multi-million-pound claim for professional negligence against solicitors in which the Court found that the claim had been knowingly exaggerated. Rebecca led Emily Gailey. High Court hearing over 5 days.
• Acting for solicitors defending multimillion-pound claim by insolvency practitioner client concerning advice given in relation to CVA in respect of clothing retailer. Achieved settlement.
• Acting for insolvency practitioner defending claims for negligence and breach of fiduciary duty. Achieved settlement.
• Acting for liquidators bringing claims against insolvent company’s former solicitors for negligence and former administrators for negligence / misfeasance arising out of pre-pack administration.

Disputes concerning the legal and beneficial ownership of land, easements, restrictive covenants, adverse possession, boundary disputes and mortgages. Rebecca’s practice also includes property related insolvency disputes including insolvency disclaimer, rent as an expense and issues concerning interests in property in an insolvency context.

Notable cases include:

• Advising on effect of insolvency disclaimer of leases, options and pre-emption rights relating to retail property development, including acting on vesting order applications.