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Laura Smith | Hill Dickinson

Laura Smith

Laura is a legal director in our restructuring team. Her expertise cover a wide range of advisory and contentious corporate and personal insolvency matters, nationally and within a cross border context. 
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Details

Laura qualified as a solicitor in England and Wales in 2008 and prior to joining the firm worked for a substantive period of time in a law firm based in the city of London, with a particular focus on contentious insolvency matters, regularly acting for insolvency practitioners, creditors and directors in an insolvency litigation context.

Laura specialises in insolvency litigation and enjoys advising both insolvency practitioners and directors in particular in relation to claims concerning antecedent transactions in the form of wrongful trading, preference transactions, transactions at an undervalue, fraudulent trading, transactions defrauding creditors, void dispositions and misfeasance. 

Further details

  • Experience

    Experience-Case Highlights

    Challenge of recognition of appointment of German Administrator in England & Wales pursuant to common law

    • Advising 9 Danish high net worth investors (resident in England) (the “Investors”) in respect of multi-million € claim brought against them by the German Administrator of a German investment entity (Phoenix Kapitaldienst GmbH). The claim was for recovery of the return on their investments paid out to the Investors prior to the company entering administration, pursuant to section 423 of the Insolvency Act 1986 and claim of unjust enrichment (the “S423 Proceedings”).  
    • Appeal against ex-parte Order obtained, recognising the appointment of the German Administrator pursuant to the common law alone, in order to thwart the German Administrator’s standing to bring on the S423 Proceedings against the Investors - [Schmitt v Deichmann & Ors [2012] EWHC 62 (Ch)]. 

    Claim for Tax Debt pursuant to Double Taxation Convention between U.K & South Africa with conjoined application pursuant to Section 423 of the Insolvency Act 1986

    • Involved in advising the South African Revenue Service (as second claimant) (“S.A.R.S”) in relation to pursuit of tax debt owed to it in the sum of approximately £222m (the “Tax Debt”) by way of request for assistance made to HM Revenue & Customs (“HMRC”) pursuant to new Protocol recently entered into between the two states, which amends an existing Double Taxation Convention (“DTC”) already signed up to by the respective states.

    Application for information &/or documentation – pursuant to Section 236 of the Insolvency Act 1986. Extra Territorial Effect 

    • Advisor to the Joint Liquidators of Hellas Telecommunications (Luxembourg) II S.C.A regarding an application against the company’s former Luxembourg lawyers for information and disclosure of certain documentation pursuant to Sections 234 & 236 of the Insolvency Act 1986. This involved a fully contested hearing over 5 days, including expert evidence on Luxembourg legal professional secrecy. 

    Insolvent Deceased Estate

    • Advising personal representative (and survivor) appointed over multi-million £ insolvent deceased estate on settlement with substantial bank and investment/trade creditors in light of potential liabilities and obligations arising pursuant to Section 421A of the Insolvency Act 1986.
  • Affiliations

Laura Smith's Expertise