Andrew Garland

Partner, Business Recovery

Andrew Garland

Andrew Garland is a Partner in the Business Recovery & Turnaround Team at Wilkes. Andrew is well recognised and respected for defending directors who are subject to disqualification proceedings.

Upon qualification he worked extensively with Abbas Mithani, the author of the leading textbook in this area. He subsequently advised the Secretary of state and now acts for directors with a particular emphasis on finding the most efficient and cost-effective solution in respect of directors disqualification issues facing them.

Andrew regularly acts for office holders and directors in relation to the pursuit and defence of significant antecedent transactions and misfeasance claims with a recent emphasis on high-value tax avoidance cases, several of which have included numerous seven figure claims over the last 12 months.

By way of example one case involved claims in respect of transactions covering an EFRBS ( Employer-Financed Retirement Benefits Scheme), Film Scheme, E-Securities Scheme, Gold bullion scheme, spread bet, call option, unlawful dividends, and disposal of assets against directors with a total claim value of in excess of £6m.

“He is a very bright litigator, and totally on top of the evolving law relating to claims against directors arising out of the use of tax avoidance schemes”

Client Feedback – The Legal 500 2021

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Credentials

Expertise

Officer holder claims
Directors defence
Company directors disqualification
Similar names- section 216 insolvency act 1986
Personal guarantees
Banking (Individuals & Companies)

Recent Work

Recovery of a preference / wrongful trading application on behalf of an IP for in excess of £200,000

Obtaining permission to act under Section 17 CDDA 1986

Recovery of an illegal dividend under sections 172 to 175 and 830 of the Companies Act 2006

Obtaining court permission to re-use a similar name under section 216 Insolvency Act 1986.

Defending a personal guarantee action brought by a bank for in excess of £1m.

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