Milan Kapadia

Acting for various banks and financial institutions over the years against borrowers and guarantors based in the UK, India, U.S.A, Hong Kong, offshore havens and Europe. Currently (in 2018-2019) this includes high value claims against Nirav Modi and his group of companies, companies within the Essar Group of companies, companies within the Videocon group of companies, and guarantors and promotors behind Alok Industries.

Acting for an Indian Bank in a long standing matter to enforce guarantees and the ultimate sale of secured property. Successfully resisting appeals by the guarantors to challenge the bank’s right to enforce its security.

Acting for shareholders in respect of various partnership disputes and unfair prejudice actions ultimately resulting in exit strategies being implemented and a distribution of assets.

Advising two Indian banks (and administrators) in the successful recovery of a loan of £4m plus interest and other losses to fraudulent property investors and negligent lawyers.

Advising a Trustee in Bankruptcy in an application for an Income Payments Order. It was the first case (and is the current authority) to decide that an IPO could be made pursuant to section 310 of the Insolvency Act 1986 in circumstances where an Income Payments Agreement had already been made pursuant to section 310A of the Act, but which had come to an end.

Advising the supervisor of the debtor’s failed IVA in a contentious bankruptcy petition which led to his bankruptcy. Milan advised the Trustee in Bankruptcy on several complex applications including on the resisted sale of a property worth £3m, for the benefit of the creditors. The petition and bankruptcy involved important decisions on the timing of resolutions authorising Supervisors of IVAs to petition for bankruptcy and retrospective extensions for creditors meetings and annulling bankruptcies.

Acting for Strait Oil & Gas to recover losses caused by negligent handling by specialist project management companies. Also successfully defending actions to recover sums from the company.

Successfully obtaining judgment in 2014 upon a trial against a commercial borrower and its guarantor. Further represented the bank in respect of a receivership over a substantial property portfolio with further actions in respect of properties and an ultimate settlement at mediation.

Advising the Administrators of one of the previously largest national clothes chains (with over 100 stores), including over 30 contentious retention of title claims, the sale of the assets of the company and other insolvency issues.

Advising in respect of the petition to wind up the first Premier League football club to become insolvent, and on the purchase of the assets of the football club.