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Rebecca Page

Call 2001

rpage@maitlandchambers.com

Rebecca is recognised by the Legal 500 as a leading junior in the fields of Commercial Litigation, Insolvency and Company; by Chambers UK in the fields of Restructuring / Insolvency and Company; and by Chambers Global for Restructuring / Insolvency.

Her practice covers commercial / chancery litigation, with an emphasis on company and insolvency matters and includes professional negligence work relating to legal, insolvency, business and accountancy professionals. Rebecca is an experienced advocate appearing in the Chancery Division, Commercial Court, Queen’s Bench Division and Court of Appeal. She also has experience in the Supreme Court as junior counsel. Rebecca is called to the Bar of the Eastern Caribbean Supreme Court (BVI) and has offshore experience in the BVI working on commercial, insolvency and company matters.

Rebecca read law at Gonville & Caius College, Cambridge and in 2000 was awarded a Bedingfield Scholarship by Gray’s Inn.

Areas of practice:

  • Commercial Chancery – business disputes involving contracts, agency, sale of goods, civil fraud, banking, loans, guarantees, mortgages and other securities. Conflicts of law disputes as to jurisdiction and applicable law. Rebecca’s experience includes appearing as junior counsel in the Supreme Court for the successful parties in Bilta (UK) Ltd (in liquidation) v Nazir [2016] AC 1 confirming that claims by an insolvent company against directors for breach of fiduciary duty and third parties for dishonest assistance and conspiracy are not barred for illegality (led by Christopher Parker QC), acting on other MTIC and civil fraud cases (including freezing injunctions and other interim relief), acting for Homebase in striking out a £1.2m claim against it for breach of contract, acting on claims by manufactures for the supply of defective goods (in particular cases concerning electrical components and connectors for offshore oil pipelines) and commercial disputes involving insolvency and company law (see below).
  • Insolvency & Restructuring – all aspects of corporate and personal insolvency procedures, asset recovery and office holder claims and investigations, including claims for breach of directors’ duties, wrongful and fraudulent trading, transactions at an undervalue, transactions defrauding creditors and preferences. Cross-border insolvency issues including under the EC Regulation on Insolvency Proceedings. Rebecca’s experience includes advising on aspects of the applications by the administrators of Lehman Brothers International (Europe)(in administration) commonly known as “Waterfall 1”, “Waterfall IIA” and “Waterfall IIB”, acting for liquidators in claims for fraudulent trading, conspiracy and dishonest assistance arising out of MTIC fraud in Re Bilta (UK) Ltd (in liquidation) in which the Supreme Court confirmed the extra-territorial effect of s.213, advising liquidators of a company with a substantial pension deficit where action also taken by The Pensions Regulator, acting for liquidators of an insolvent solicitors firm on a multimillion pound claim under s.238 and appearing for provisional liquidators on fraud cases (including freezing injunctions).
  • Company – Contentious matters including unfair prejudice petitions, shareholder remedies, derivative claims, just and equitable winding up, claims concerning unlawful distributions of capital and unlawful dividends, corporate insolvency, dissolution, restoration, directors duties and disqualification. In addition to Bilta (UK) Ltd (in liquidation) on corporate attribution, Rebecca’s experience includes appearing as junior counsel in Re Neath Rugby Club Ltd; Hawkes v Cuddy (trial on unfair prejudice petition) and in the Court of Appeal in Re Neath Rugby Ltd (No 2) Hawkes v Cuddy and others (No 2) - [2009] 2 BCLC 427 and Cuddy v Hawkes [2007] BPIR 1217; acting on an unfair prejudice petition in relation to a biotech research and development company, advising an overseas client on just and equitable winding up of an English joint venture company and advice in relation to the Lehman “Waterfall” applications (see above).

  • Professional Negligence – Rebecca acts for claimants, defendants and professional indemnity insurers in professional negligence matters involving legal, insolvency, business and accountancy professionals. Her experience includes acting for a firm of solicitors facing a multimillion pound claim by an insolvency practitioner former client, acting for an insolvency practitioner and insurers defending claims of negligence and breach of fiduciary duty, advising liquidators on bringing claims against an insolvent company’s former solicitors and former administrators and acting on a negligence claim against a company’s former administrators arising out of a pre-pack administration.

  • Property – litigation and advisory work concerning the legal and beneficial ownership of real property, easements, restrictive covenants, adverse possession, boundary disputes and mortgages. Rebecca also advises in relation to property related insolvency issues such as relief from forfeiture, disclaimer, the proper treatment of rent as an expense and retention of title and other such issues arising on insolvency.

Publications

Gore-Browne on Companies: Contributor (Directors' Disqualifications chapter)

Notable Cases

Hynes Heating Solutions v Homebase: appeared as sole counsel for Homebase striking out £1.2m claim against it for breach of contract.

Bilta (UK) Ltd (in liquidation) and others v Nazir [2016] AC 1. Supreme Court decision on dishonest assistance, conspiracy, director’s breach of duty, corporate attribution, illegality and fraudulent trading. Led by Christopher Parker QC.

Tomlinson v Pickup [2014] EWHC 4495 (Ch): appeared as sole counsel for successful claimants in Chancery Division trial for enforcement of oral agreement for shares and directorships.

Bilta (UK) Ltd (in liquidation) v Nazir [2014] Ch 52: Court of Appeal dishonest assistance, breach of duty and fraudulent trading. Led by Christopher Parker QC.

Burntcopper Ltd (t/a Contemporary Design Unit) v International Travel Catering Association Ltd - [2014] All ER (D) 64 (Feb): appeared for defendants as sole counsel in Commercial Court trial on liability for breach of contract.

Re Bowen Travel Ltd [2012] All ER (D) 63 (Dec): Chancery Division Birmingham DR, Administration Order.

Bilta (UK) Ltd (in liquidation) and others v Nazir and others [2013] 1 All ER 375: Chancery Division, dishonest assistance, breach of duty and fraudulent trading. Led by Christopher Parker QC.

Hunt v Harb and Aziz [2012] 1 Costs LR 78: Acted as sole counsel for Trustee in Bankruptcy in Court of Appeal on directions application concerning third party costs orders and assignments of causes of action.

Re Neath Rugby Ltd (No 2) Hawkes v Cuddy and others (No 2) - [2009] 2 BCLC 427: Court of Appeal, Unfair Prejudice petition. Instructed as junior counsel.

Re DCC Realisations Ltd (in liquidation) [2009] STC 1390: Chancery Division, jurisdiction, administration and excise duty. Appeared as sole counsel for HMRC.

Arla Foods UK plc v Barnes and others [2009] 1 BCLC 699: Chancery Division trial, breach of contract. Instructed as junior counsel for claimant.

Re Neath Rugby Club Ltd; Hawkes v Cuddy [2008] All ER (D) 252 (Nov): Chancery Division 3 week trial of unfair prejudice petition. Instructed as junior counsel for successful respondent.

Cuddy v Hawkes [2007] BPIR 1217: Court of Appeal, Unfair Prejudice. Instructed as junior counsel.

Alan Williams Entertainment Ltd and another v Hurd and others - [2006] All ER (D) 24 (Feb): Chancery Division trial for breach of contract.

Devi v Banerji [2005] All ER (D) 340 (Jun): Chancery Division, civil evidence, letter of request for examination out of jurisdiction. Led by Michael Driscoll QC.

Harrison and another v Segger [2005] All ER (D) 416 (Feb): Chancery Division, insolvency bankruptcy appeal. Acted as sole counsel for successful appellant,

Coulter v Chief of Dorset Police [2004] BPIR 462: Chancery Division, bankruptcy, choses in action and assignment.

Memberships & Appointments

Chancery Bar Association, COMBAR, Insolvency Lawyers Association

Qualifications
MA (Cantab)

What the directories say

Legal 500, 2017

Commercial Litigation
"She is thorough and has incredible attention to detail."

Legal 500, 2017

Company and Partnership
"She has an eye for detail."

Legal 500, 2017

Insolvency
"She is able to get to the heart of the matter quickly."

Chambers UK, 2017

Company
"Provides sound commercial and technical advice. She is a confident advocate."

Chambers UK, 2017

Restructuring/Insolvency
"Rebecca is quick to grasp the issues and to turn around written advice. She is excellent, both in conference and on her feet in court." "She's industrious and reliable - a rising star."

Legal 500, 2016

Commercial Litigation

"She constantly achieves great results for clients."

Legal 500, 2016

Company and Partnership

"A very strong junior; her written work is excellent, and she is always meticulously considered and reasoned."

Legal 500, 2016

Insolvency

"Highly recommended for her excellent technical knowledge and abilities."

Chambers UK, 2016

Company

"She's very easy to deal with and very responsive too. Not only did she provide the piece of advice but she was very happy to drop into a conference call to explain it to the client."

"She is assiduous in terms of meeting deadlines, she meets what she promises"

Chambers UK, 2016

Restructuring/Insolvency

"She is very bright and hard-working - she really is prepared to go the extra mile."

Chambers UK, 2015

Restructuring/Insolvency

"She is meticulous, helpful, good on her feet and excellent on the law."

"She is very quick to grasp issues and turn around written advice."

Legal 500, 2015

Commercial Litigation

"She has a very thorough approach, and keeps looking for angles when others might have been content."

Legal 500, 2015

Company

"A hugely impressive barrister who is excellent value for money."

Legal 500, 2015

Insolvency

‘Well respected.’

Chambers UK

“Very good, and quick to get to the bottom of an issue.” (2014)

“She gets the job done with no fuss.” (2014)

Peers believe "she has a nice measured style of advocacy which is all the more effective becuase she is never overstated" (2013)

"Very bright and quick to grasp difficult issues," and has “the ear of the Bench and gets great results" (2012)

"Bright, good with clients" and produces “sound and efficient paperwork” (2011)

"Especially noted for her diligence" (2010)

"Grasping the fundamentals of cases from the outset and being incredibly confident in court" (2009)

A "focused, articulate and hardworking" junior, who is"particularly good with judges" (2009)

Legal 500

"Equally as impressive when acting on her own, or as a junior to a QC.” (2014)

“Approaches litigation with a very sound technical and procedural understanding.” (2014)

“Bright, efficient, and great to work with.” (2014)

"incredibly bright, meticulous and personable; exactly what is required in this area" (2013)

“Commercially aware” (2013)

“Confident, articulate, and quick-thinking” (2012)

"Incisive and technically strong" (2011)