James Whelan

James is an expert in restructurings, insolvencies, and all associated matters arising out of financially distressed companies and individuals. His clients include insolvency practitioners, directors, companies, lenders, investors, and other key stakeholders.

James’ work centres around identifying key legal risks and providing practical, pragmatic, and commercial solutions to clients in relation to complex problems in the context of financial distress. He advises on a wide range of matters from identifying financial distress, advising on options, assessing risk and to implementation via consensual or formal processes. This includes all aspects of administrations and liquidations, to director’s duties and insolvency claims, to the restructuring or sale and purchase of distressed entities and assets.

James has a strong background in advising on retail-related matters. It is fast paced, and his clients are extremely practical – they’re looking for real-world solutions to complex problems. He also has a particular focus on companies operating in the financial services sector, including in relation to specialist insolvency processes and regulatory requirements including wind down and recovery plans. With experience dealing with matters across Europe, including France, Spain, Luxembourg, Germany, and Denmark, James always communicates concisely with his clients and is very focused on the issues that are key to them. s aim is to understand their rationale and aims so that he can provide clear and concise advice, and help them obtain the outcomes they want – usually under tight time pressures. James has also dealt with matters in West Africa and the USA.

• Hounslow Property Development Limited (in administration) – advising the administrators of a residential development site with a GDV of in excess of £500 million.
• Advised the board of directors of a large listed professional services firm in severe financial distress, helping them identify options and worked with them to deliver those options while navigating the complex and difficult regulatory framework in which they operated up to the point of formal insolvency.
• Advised the sole shareholder of a national company with a large leasehold portfolio of circa 800 sites across the country on the viability of a restructuring plan proposed by its subsidiary and contingency options for its subsidiaries in the event the restructuring plan failed.
• Advised a payment services provider over a number of years on the drafting and continual development of its contingency plans and its recovery and wind down plan in line with PRA and FCA requirements.
• Corbin & King Limited (in administration) – advising the administrators of the parent company of the Corbin & King restaurant group, leading to a successful sale of the group and a recovery in full to the secured creditors following an auction process.
• Force India Formula One Team – advising the sole shareholder of the team on all matters arising out of the administration and liquidation, leading to the payment of all creditors in full and a recovery to the shareholder.

https://www.lexology.com/library/detail.aspx?g=8f483738-a37a-43f5-905e-aa9cc186ee63 – COVID-19: The suspension of wrongful trading provisions and a moratorium for businesses in restructuring – what it the likely impact on your business?