Turon Miah helps clients to perfect, rectify and enforce security in the context of secured lending.
Clients are typically banks and financial institutions and Turon advises on nearly all issues that a secured/unsecured lender could face, from issues with the underlying security, insolvency, defences of borrowers through to advising the lenders in relation to claims against advisers. Ultimately, Turon helps lenders recover the sums owed to them and to enforce the security they have.
Turon helps to hold professional advisers such as solicitors, surveyors and accountants to account for the advice they have given. Turon helps clients navigate the underlying claims and then to understand how professional indemnity insurance works and what the clients can expect to recover.
Turon understands the various statutory insolvency, usually acting for creditors or the insolvency practitioner involved but Turon also advises the companies themselves and the company's directors and employees. Turon provides strategic advice before a formal insolvency process, helping the a client to limit losses, improve their position or insulate a transaction from the effects of insolvency. Turon then advises on the process through the duration of the insolvency with particular emphasis on contentious insolvency law which involves applying to the Court to enforce the rights granted by the Insolvency Acts.
One of his highlights has been helping a construction client to actually make a profit on a contract that went into liquidation such that the sums recovered through the litigation and settlement process exceeded the underlying contract value. This was a strategic case against an international hotel chain that was well resourced with experienced internal and external lawyers.
The case was challenging and involved coordinating three legal actions, two in England (summary judgment and an application for an administration order) and one in Jersey (to wind up parent holding company that owned 35 plus hotels internationally and had a net value in excess of £3 billion). The subsequent advice to the administrator involved considering novel points of law that required reverting to first principles.
- Financial Institutions including Banks, Lenders, Asset Based Lenders, Finance Houses and High Net Worth Individuals.
- Insolvency Practitioners in capacity as Liquidators and Administrators.
- All stakeholders in insolvency processes such as directors, employees, creditors and bankrupts.
- Corporates involved in banking disputes and requiring insolvency related advice.
Acting for a UK construction company against an international hotel chain owned by a Saudi billionaire to put an English subsidiary into administration to enforce payment of a contractual debt of £4 million.
Acting for an internationally renowned London based property developers operating out of a company incorporated in Guernsey. Acted in subsequent litigation against borrower and negotiation of settlement terms including provisions for obtaining security over real estate in Spain and shares in BVI.
Acting for a UK plc in the food sector following the insolvency of its sole supplier of a certain product. Contentious issues surrounded recognition of proof of debt and administrator's proposals. This case is on-going and a judicial review has been launched.
Acting for a Bank in a professional negligence claim against solicitors arising from defective security over real estate in Ireland. The borrower was a Manx company that had not validly re-domiciled to the Bahamas. Claim against English, Irish and Bahamian lawyers.
Acting for a mortgage lender in respect of pyramid fraud perpetrated by a syndicate involving borrower, solicitor and surveyor. Pursuing claim against solicitors and surveyors giving rise to challenging interpretation of professional indemnity policies.
Acting for a leading international provider of FCA regulated CFDs. Litigation surrounding compliance with FCA Handbook and specifically COB/COBS rules. Following trial obtaining £3 million judgment and then successfully defending appeals through Court of Appeal and Supreme Court.
Advising a utility company as landlord of commercial premises let to a sportswear retailer that went into administration owing £1.5 million. Contentious issues surrounding Administrator's proposals and antecedent transactions by insolvent tenant.
Acting for group of four finance companies and banks against an individual accused of £2 million leasing fraud. Applying to vary freezing order to capture assets held by third parties. Extensive investigations to identify assets. Challenging validity of trust alleged to be a sham and incorporated in BVI.
Acting for a Bank in a claim against guarantors. Defences put up including undue influence, misrepresentation, breach of mandate and set off. Recovered £1.2 million out of £1.3 million debt for Bank.