Matthew Weaver

Call: 2002

Introduction

Matthew joined Chambers in 2002 following two years in the litigation department of Wragge & Co. He has developed an impressive chancery/commercial practice with a particular specialism in insolvency. He regularly appears in the specialist courts in both Birmingham and London. Whilst Matthew’s commercial practice is founded on significant insolvency and company law expertise, he also specialises in the areas of Banking and Finance Law, Commercial Fraud and Professional Liability all of which combine to allow Matthew to provide his clients with a wide commercial law service. As part of his commercial practice,

Matthew is regularly instructed in a variety of contractual disputes, concerning companies, partnerships and individuals. He is also experienced in obtaining all types of commercial injunction. Matthew is well respected by his peers, instructing solicitors, professional lay clients and Judges alike for both his legal abilities, on paper and in Court, and his common sense, commercial approach to issues and disputes. He has a loyal following from both solicitors and lay clients for whom Matthew is their first choice Counsel and is regularly instructed to act on behalf of several multi-national banks, a large national brewery and a number of insolvency practitioners from national firms. He has been recommended consistently in the legal directories over the last five years as being an excellent junior barrister with a bright future and is a regular contributor to Corporate Rescue and Insolvency as well as being a speaker at R3 seminars. In 2010, he was a finalist in the category of Barrister of the Year at the Insolvency and Rescue Awards.

Matthew is married with two young children and is a sports enthusiast. He still plays Birmingham and District Premier League cricket in addition to as much golf as time affords and is a qualified rugby coach, having previously played to a good standard.

Qualifications and Appointments:

University of Kent at Canterbury

  • LLB (Hons) in Law (1995-1998)

College of Law

  • Legal Practice Course (1999) (commendation)
  • Bar Vocational Course (2002) (very competent)

Lincoln’s Inn

  • Buchanan Prize Winner (2002)

Attorney General’s Regional Panel (Civil) 2007 (re-appointed in 2012)

What the Directories Say:

Strongly recommended by sources as an excellent all-round advocate who provides a high level of technical expertise, quality advocacy and a user-friendly attitude. He acts on all aspects of corporate and personal insolvency.  Expertise: “He has an excellent technical knowledge of insolvency, and an outstanding commercial approach.” “He is knowledgeable, commercial, user-friendly and good on his feet.”  CHAMBERS UK 2015.

Matthew is also recommended in the 2013 Chambers & Partners Guide as a leading junior in Restructuring/Insolvency and in the 2012 Legal 500 in the area of Chancery, Commercial and Insolvency where he is particularly noted for his insolvency work.

The directories have described Matthew as:

  • “an excellent junior who will go far”
  • “an up and coming junior Counsel, who shows a lot of promise”
  • a counsel with “a bright future ahead of him”
  • providing “a commercial and pragmatic approach”
  • being praised “for his availability, responsiveness and quick turnaround”

Recent Cases:

  • currently acting for the joint liquidators of a group of substantial companies in a contested application regarding the validity of legal charges held by a former director, securing a multi-million pound debt
  • advising an insurance company on the impact upon a company arrangement of a substantial costs order made by the Supreme Court in litigation worth in excess of £100 million
  • advising a multi-national bank with regards to the validity of securities held over company assets but securing debts owed by the director personally and the enforceability of security held over the assets of a Luxembourg based company
  • acting for the claimant in a £2 million claim for fraudulent breach of duty and conspiracy to deceive
  • obtaining judgment in excess of £1 million for lender against two former directors of a company under a personal guarantee
  • a claim for a mortgage provider against a surveyor for a negligent valuation of a property
  • resisting a claim to enforce a judgment for over US$1 million in England
  • several claims in the Queen’s Bench Division arising from the fitness for purpose and quality of bespoke machinery, industrial coating materials and industrial coolers

Reported Cases:

  • Re UK Steelfixers Ltd [2012] EWHC 2049 (Ch) – Court exercising its discretion to refuse to make an administration order, winding the Company up instead, due to a perceived abuse by the Company of s127 IA 1986 pre-application
  • Re Ramora UK Ltd [2011] EWHC 3959 (Ch)- declaration that an out-of-court administrator appointment was valid notwithstanding paragraph 25 of Schedule B1 and an extant winding up petition presented in breach of the interim moratorium
  • Darbyshire v Turpin & Phillips [2011] EWHC 1115 (QB) – successfully resisting an appeal concerning the setting aside of a statutory demand and the proper impact of Fagg v Rushton on third party security in the context of statutory demands
  • Friends Provident Management Services Ltd v Evans & Another [2006] EWCA Civ 581 – successful appeal regarding the liability of an outgoing partner under an indemnity between a partnership and an insurer
  • Re Bunting Electrical Manufacturing Ltd (SSTI v Golby)[2005] EWHC 3345 (Ch); [2006] 1 BCLC 550 – director’s disqualification case involving issues concerning director’s honest belief at the material times, the extent to which causation was relevant, both to a finding of unfitness and to any subsequent disqualification period, and the appropriate standard of proof
  • Re Clenaware Systems Ltd [2013] EWHC (Ch).
  • Decision of HHJ Barker QC as to the principles to be applied on an application
  • for permission to act under sections 1A and 17 of the Company Directors
  • Disqualification Act 1986. James Morgan and Matthew Weaver were instructed by
  • the Secretary of State http://www.bailii.org/ew/cases/EWHC/Ch/2013/2514.html.
  • Decision was made on 9th August 2013.
  • Sun
  • Legend Investments Ltd v Ho [2013] B.P.I.R. 533. Decision of DJ Musgrave as to whether a
  • foreign judgment, which had not yet been recognised in England, constitutes a
  • “debt” for the purposes of s267 of the Insolvency Act 1986 and can, therefore,
  • form the basis of a bankruptcy petition. No bailii reference available. Decision
  • was made on 13th March 2013.
  • Darbyshire v Turpin & Phillips [2013] EWHC 954 (Ch).
  • Decision of Mr Justice Arnold on appeal clarifying that a failure by a Court to make an order pursuant to rule 6.5(6) of the Insolvency Rules 1986 did not prohibit a creditor from presenting a petition but, rather, allowed a creditor to present a petition forthwithhttp://www.bailii.org/ew/cases/EWHC/Ch/2013/954.html  Decision was made on 1stMarch 2013.
  • Re Marches Credit Union Ltd [2013] EWHC 1731 (Ch).  Decision of HHJ Purle QC confirming the Court’s power to wind up a credit union, its inherent jurisdiction to make a winding up order and exercising the Court’s discretion to waive all service and advertisement provisions in order to make an expedited winding up orderhttp://www.bailii.org/ew/cases/EWHC/Ch/2013/1731.html  Decision was made on 22ndApril 2013.

Memberships:

  • Midland Chancery and Commercial Bar Association (MCCBA)
  • Chancery Bar Association (ChBA)
  • Commercial Bar Association (COMBAR)

My Expertise