Tom Carpenter-Leitch

Profile

Tom has built up a niche area of expertise within Insolvency law, relating to both corporate and personal matters. He has a wide knowledge in the field and regularly acts in relation to liquidations, bankruptcies, director’s disqualifications, administrations, administrative and other receiverships, individual and company voluntary arrangements, and partnership insolvencies. He is equally comfortable advising Office Holders and creditors as directors and debtors.

Tom also practices within Business & Commercial and Property law, with a particular emphasis on Real Property and Landlord/Tenant negotiations. He is a contributor to Service Charges and Management: Law and Practice (Sweet & Maxwell 2006).

In addition to these core specialisms, Tom also has a varied commercial and modern chancery practice and a growing practice in the IT (including software copyright) and Telecoms fields.

Tom’s career started in a chartered accountancy role, and after having worked for two of the top five international accountancy firms and trained as an insolvency practitioner, he brings over ten years of experience to his practice at the bar. He also advises in professional negligence cases involving accountants and solicitors.

Tom has also lectured on Insolvency and on Data Protection Law.

Experience

Examples of recent experience include advising and acting in relation to

Insolvency

• Insolvency Transactions at an Undervalue/Preferences/Wrongful Trading (both for and against the application)
• All aspects of bankruptcy including annulments, setting aside statutory demands and appeals
• Retention of title claims
• Trustee claims for possession and sale of bankrupt’s home (for for and against) including exploration of resulting and common intention constructive trusts, equitable accounting, the equity of exoneration and 'exceptional circumstances' justifying postponement of possession
• Personal claims against directors arising from misuse of company names following insolvency
• Directors’ disqualification proceedings
• Negligence of Insolvency Practitioners and insolvency advisers

Business & Commercial

• Unlawful financial assistance under s.151 Companies Act 1985
• Minority shareholder petitions for 'unfair prejudice' under s.459 Companies Act 1985
• Injunctions, including freezing orders
• Contract disputes of all shapes and sizes

Property

• Renewal of business tenancies
• Service charge disputes
• Forfeiture, relief from forfeiture and possession actions – business and residential
• Service and construction of notices and the effect of defects
• Construing leases
• Construing deeds
• Adverse possession
• Agricultural tenancies and tenancies under the Rent (Agriculture) Act 1976
• Construction and enforcement of planning overage agreements

Further Experience:

• Computer software copyright infringement
• Supply of allegedly defective computer hardware and bespoke software, in one case culminating in a successful 12 day trial in the Manchester High Court
• Telecoms contracts and disputes

Significant Cases

Robert Green v Westleigh Properties Limited [2008] EWHC 1474 (QB)
Effect of defects on a tenants’ notice to purchase landlord’s reversion under s.12 Landlord and Tenant Act 1987

Microleve Ace Ltd v Joynt & ORS [2005] EWHC 1685 (Ch)
Beneficial ownership of assets of a business. Security interests.

Publications

Contributor, Service Charges and Managment: Law & Practice 2nd edition (Sweet & Maxwell)

Contributor, Service Charges and Management: Law and Practice 1st edition, 2006 (Sweet & Maxwell)

Memberships

Member, Institute Of Chartered Accountants In England & Wales

Member, Property Bar Association

Qualifications

MA (Cantab,St. John’s College)
Lincoln’s Inn: Buchanan Prize 2001
Nottingham Law School: Taylor Prize 2001