James Bowen Restructuring and Insolvency Executive
James is an Insolvency Executive within the firm’s Business Support & Insolvency Team based in Cardiff.
Main areas of practice
James undertakes litigation and asset recovery work, primarily on behalf of Public Sector Bodies, Insolvency Practitioners and Commercial Businesses offering decisive commercial advice and action to achieve swift and successful outcomes.
James' caseload primarily focuses on working with local authorities to assist in the recovery of unpaid Council Tax and National Non-Domestic Rates. The team offer a fully funded bankruptcy and winding up service. James regularly acts on behalf of Insolvency Practitioners when individual voluntary agreements default. James specialises in bringing bankruptcy proceedings, winding up proceedings and charging order proceedings.
James' background is in Debt Recovery and Small Claims Litigation having worked in Blake Morgan's Commercial Recoveries team before joining the Business Support & Insolvency Team.
- James regularly acts on behalf of numerous local authorities' across England to assist in the recovery of unpaid Council Tax and National Non-Domestic Rates.
- James works closely with one of the world's largest professional services network of independent accounting and consulting firms, acting on their behalf when recovery procedures are required to be taken should an individual voluntary arrangement default.
- James acts on behalf of Insolvency Practitioners in situations where they are Trustee's in Bankruptcy, Liquidators and Administrators, helping them maximise creditor's realisations - with particular experience in possession and sale orders.
- James also assists senior fee earners in the firm on a variety of different insolvency issues and also director & shareholder dispute matters.
- Recently assisted on bringing a misfeasance application on behalf of a national firm of insolvency practitioners appointed as liquidators of a company. The application alleged both misfeasance and that a transaction entered into by the Company with the director was a transaction at undervalue. This application subsequently settled. (2017)
- Presently instructed in respect of bringing an application under s.239 of the Insolvency Act 1986 that a transaction a director entered into to pay his own directors loan at the expense of other creditors was a preference payment. (Currently instructed)
- Assisted a senior member of the team in the placing of a company into Administration. (2017)
- Acted on behalf of an Insolvency Practitioner in their capacity as Trustee in Bankruptcy in a possession and sale application in order to realise a family home for the benefit of the creditors. (2016)
- Acted on behalf of a local authority in many successful actions, in particular taking carriage of a winding up petition against a company that was indebted in respect of unpaid National-Non Domestic Rates. James recovered over £115,000.00 in National Non-Domestic Rates and his client's full legal costs in the matter. (2016)
- Advised and brought an application under section 339 of the Insolvency Act 1986 regarding a bankrupt who transferred his shares in a company prior to a third party prior to the making of an order for no consideration, this case subsequently settled. (2017)
Articles by James
All directors should be aware of the statutory and fiduciary duties that they owe to the company. The certain duties and responsibilities are listed at sections 171 to 177 of the Companies Act 2006.
With a strong offering to local authorities within our top ranked Business support and insolvency team, as a team we come across many matters when in the process of recovering Council Tax...
Horton v Henry- the Court of Appeal rule on income payment orders whether a Trustee can make an application for a debtor's pension to be included in any bankruptcy
In the matter of ROBERT WILLIAM LESLIE HORTON (As Trustee in Bankruptcy of Michael Gerard Henry) v MICHAEL GERARD HENRY  EWCA Civ 989
Related Knowledge & Resources
In the trial of an unfair prejudice petition, the High Court has found that the actions of the first respondent represented the clearest possible breach of directors' fiduciary and statutory duties. We take look in detail.
What are Civil Restraint Orders and when can they be used? Our expert explains how CRO's can be useful when dealing with particularly litigious bankrupts and other litigants in person.
Our expert explains the Director Disqualification Act and what happens if a disqualified director doesn't apply with the Act.
Blake Morgan's guide to the restrictions on involvement with another business trading under the same or similar name, when going through insolvency procedures.
Blake Morgan provide a guide to the process of tenant insolvency