Pleading Issues: Pick Your Battles, a recent article in the New Law Journal by Daniel Lightman KC and Charlotte Beynon

In Pleading Issues: Pick Your Battles, a recent article in the New Law Journal, Daniel Lightman KC and Charlotte Beynon offer insight into the approach taken by the courts to the pleading of claims under sections 212 and 214 of the Insolvency Act 1986. They consider in particular the landmark judgment of Edwin Johnson J in Chandler v Wright [2022] EWHC 2205 (Ch) (recently reported as In re BHS Group Ltd (in liquidation) [2022] Bus LR 1510), in which he reaffirmed that causation and quantum are essential elements of a cause of action under section 214 of the Insolvency Act 1986, as they are for breach of duty claims under section 212, and that it is essential for liquidators to plead these elements.

Daniel and Charlotte also discuss the issue, considered by Edwin Johnson J in his judgment, of whether a specific ‘knowledge’ date or dates for the purposes of a section 214 claim must be pleaded or whether the issue of the date of knowledge can remain ‘at large’ in a case of the magnitude and complexity of the BHS case.

With Tim Benham-Mirando, they represent Mr Chandler, a former director of the BHS group of companies, in proceedings brought by the liquidators for alleged wrongful trading and misfeasance, the trial of which, due to start in November 2023, is one of The Lawyer’s Top 20 Cases of 2023.

Please click here to view the article.

Related Barristers

As part of a broad Chancery-Commercial practice, Daniel Lightman KC engages with challenging and novel issues of law and civil procedure, in particular concerning shareholder disputes (having appeared in a number of landmark unfair prejudice petitions and derivative claims), company law (including in matrimonial proceedings), insolvency, civil fraud, breach of fiduciary duty and professional negligence.

Shortlisted for Company/Insolvency Silk of the Year in the Chambers & Partners UK Bar Awards in both 2026 and 2024 and shortlisted for Chancery Silk of the Year in the Legal 500 Bar Awards 2026, Daniel is recommended in Band 1 for Silks for Company by both Chambers UK, 2027 and the Legal 500, 2027 – and in Band 1 for Chancery Commercial by Chambers. Chambers UK, 2027 describes him as “A go-to silk for high value, complex disputes who leads the pack on shareholder disputes. He has great judgement and always furnishes reliable advice” and praises him for “constantly identifying innovative solutions to complex problems” and building “outstanding relationships with the wider legal team.”

Daniel has an extensive international practice, including current or recent shareholder litigation in the courts of Abu Dhabi, Bermuda, Cayman, Guernsey and Qatar, and a multi-shareholder arbitration in Hong Kong.

Daniel Lightman KC

Call: 1995
Silk: 2016

Charlotte Beynon has a commercial chancery practice encompassing contentious trusts, civil fraud, insolvency and commercial litigation.

Her clients say, “Charlotte is brilliant. A superstar in the making”, and they also commend her as “pragmatic, responsive and commercial.”

She frequently handles complex, high-value cases, onshore and offshore, often with international elements. She is particularly experienced in acting in high-value offshore trusts disputes and complex fraud claims – often raising issues of private international law.

Charlotte regularly appears in the High Court and County Court both led and as sole counsel. She also appears as specialist chancery counsel in matrimonial proceedings in the Family Division. Her legal writing has been published in Trusts & Trustees.