Rebecca Page

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)