Profile
Martin concerns himself with company law litigation and advice, corporate finance, financial services, insolvency, corporate reorganisations and insurance company schemes. Martin has experience of litigation relating to all aspects of company law ranging from petitions under section 459 of the Companies Act, breaches of fiduciary duty and issues arising in insolvencies. Martin has acted in many corporate and capital reorganisations and transactions. Advisory work has a particular emphasis upon transactional work; the non-contentious litigation is centred on capital reductions, schemes of arrangement and schemes for the transfer of long-term business between life assurance companies.
Education
Winchester College 1973-1977; Lincoln College, Oxford 1978-1981.
Called to the bar: 1982 Lincoln's Inn
Practice: Joined Erskine Chambers in 1983
Description of Practice
Martin’s work has continued to be a mix of transactional and litigious matters, and in each case a mixture of advisory and Court work.
Martin has advised and appeared for (amongst others):
Resolution plc on (1) the proposed merger with Friends Provident plc and (2) its proposed acquisition by Pearl Group Ltd.
Invesco plc on its migration to Bermuda.
The Trustees of the Boots Pension Funds on the acquisition of Boots Alliance plc.
Tata Steel on the acquisition of Corus Group plc.
Apollo funds acquisition of Countrywide plc.
The mergers of both Barrett Developments plc with Wilson Bowder plc and Taylor Woodrow plc with George Wimpey plc.
GUS plc on its demerger of the Experian Group.
The Peninsular and Oriental Steam Navigation Company on its acquisition by DP World.
Banco Santander on its takeover of Abbey National Plc.
Martin has also advised upon a very large number of corporate transactions. He advised companies and individuals on all aspects of company law from potential acquisitions, financial assistance, insider dealing and market abuse to the conduct of general meetings. He has given expert evidence of English Company Law in proceedings in the United States.
Martin has continued to play a leading part in applying and clarifying the Court’s jurisdiction under Part VII of the Financial Services and Markets Act 2000 in relation to the transfer of banking business and insurance business (both general and long-term).
He has advised and appeared on:
The transfer of the with profit and non-profit annuity businesses of the Equitable Life Asurance Society to, respectively, the Prudential and Canada Life.
The transfer of the deposit taking and mortgage lending business of Cheltenham & Gloucester plc to Lloyds TSB plc.
The transfer of the deposit taking and mortgage lending business of Bristol & West plc to the Bank of Ireland.
The transfer out of Society of Lloyds of the business of Highway Insurance:
The transfer of all Swiss Re’s United Kingdom business to a Luxembourg entity and the creation of a UK registered Societas Europaea, believed to be a first.
The transfer of all the United Kingdom custodian and corporate trust business of J.P. Morgan to the Bank of New York.
The Resolution Life group of companies’ reorganisation of their long-term insurance business.
Martin has also given talks on company law and financial services to conferences, solicitors and online CPD podcasts.
Martin continues to be highly recommended in his practice areas in The Legal 500 and in Chambers Guide to the Legal Profession.
Professional Organisations:
COMBAR; Chancery Bar Association; South Eastern Circuit; Insolvency Lawyers' Association.
Case List
The Equitable Life Assurance Society
Ref: [2007] EWHC 3128 (Ch)
The Equitable Life Assurance Society
Ref: [2007] EWHC 229 (Ch)
Sompo Japan Insurance Inc
Ref: [2007] EWHC 146 (Ch)
Alba Life Limited
Ref: [2006] EWHC 3507 (Ch)
British Engine Insurance Ltd
Ref: [2006] Richards J. October
Peninsular and Oriental Steam Navigation Company
Ref: [2006] EWCA civ 432
Abbey National plc
Ref: [2005] 2 BCLC I5
Telewest Communications plc (No. 2)
Ref: [2005] 1 BCLC 772
Telewest Communications plc (No. 1)
Ref: [2005] 1 BCLC 752
Might S A v. Redbus Interhouse plc
Ref: [2004] 2 BCLC 449
Wasa International (UK) Insurance Co Ltd
Ref: [2003] 1 BCLC 668
The Equitable Life Assurance Society
Ref: [2002] 2 BCLC 510
AXA Equity & Law Life Assurance Society plc
Ref: [2001] 2 BCLC 447
Re BSB Holdings Ltd (No. 2)
Ref: [1996] 1 BCLC 155
Possfund Custodian Trustees Ltd v. Diamond & Ors
Ref: [1996] 1 WLR 1351
Re Heron International BV
Ref: [1994] 1 BCLC 667
Bishopsgate Investment Management Ltd v. Maxwell
Ref: [1993] Ch. 1
Re BSB Holdings Ltd
Ref: [1993] BCLC 246
Re a Company No. 001126 of 1992
Ref: [1993] BCC 325
Re Welsh Highland Light Railway Ltd Co.
Ref: [1993] BCLC 338
Re Bradford Investments Ltd
Ref: [1991] BCLC 224
Re Anglo American Insurance Co. Ltd
Ref: [1991] BCLC 564
Re Lonrho Plc (No. 4)
Ref: [1990] BCLC 151
Re Swindon Town Football Club Ltd
Ref: [1990] BCLC 467
Re Lonrho Plc (No. 2)
Ref: [1989] BCLC 309
Re Lonrho Plc (No. 3)
Ref: [1989] BCLC 480
Re MB Group Plc
Ref: [1989] BCLC 672
Re Piccadilly Radio Plc
Ref: [1989] BCLC 683
Re Lonrho Plc
Ref: [1988] BCLC 53
Re Ossory Estates Plc
Ref: [1988] BCLC 213
Re Bath Glass Ltd
Ref: [1988] BCLC 329
Re Blue Arrow Plc
Ref: [1987] BCLC 585
Viscount of the Royal Court of Jersey v. Skelton
Ref: [1986] IWLR 985
Distributors & Warehousing Ltd
Ref: [1986] BCLC 129
Re Creative Handbook Limited
Ref: [1985] BCLC 1
In Re Lines Bros Ltd (No. 2)
Ref: [1984] 1 Ch. 438
Hilger Analytical Ltd v. Rank Precision Industries Ltd
Ref: [1984] BCLC 301
Theakston v. London Trust Plc
Ref: [1984] BCLC 390