Susan is a partner in our Restructuring & Insolvency practice based in our Manchester office and leads the Restructuring & Insolvency Practice Group in the UK and Europe.

Susan's particular expertise covers a broad range of insolvency (both contentious and non-contentious), lender security reviews and enhancement, reconstruction, turnaround and business support. She has particular experience of acting for financiers including top tier banks, major firms of accountants, international asset based lenders and multi-national corporations.

Susan has in-depth experience of all forms of insolvency from a variety of angles and advises clients on their options as creditors, debtors and office holders in any given situation.

Susan is a Fellow of the Association of Business Recovery Professionals, a member of the Insolvency Lawyers Association and is a Licensed Insolvency Practitioner (licensed 1997)

Publications

4 Aug 2010
Landlords rejoice as Court overturns “unfair” CVA

22 June 2010
When the engines fall silent – dealing with transport companies in administration
Transport & Regulatory Group

22 February 2010
Employees Transfer to the Buyer on Administration Sales
Otford Tool and Gauge Co Ltd v Barke (and others) (“OTG”)

Susan makes regular presentations on a variety of topics.

Reported Cases

• Tony Rowse NMC Limited [1996] BCC – liquidator’s remuneration and expenses
• Cadbury Schweppes plc v Somji [2000] AER – voluntary arrangement and unfair predjuice to creditors

Quotes

• The Legal 500 UK: Susan wins plaudits as "impressive" and her team is described as "the most proactive in the North West" (2008). Susan is described as having "an excellent standing in the North West". She is viewed as "focused and result oriented" (2009) and “commercial, informed, succinct and direct” (2010). Susan is also listed in the 2011 edition of The Legal 500 UK. 
• Chambers UK: Susan is described as "hard working and pragmatic". Sources emphasise her “skills and expertise in advising IPs and banks on both contentious and non-contentious insolvency matters". Susan’s team in the North West is described as having a "fantastic reputation" for producing insolvency related documentation (2008). "This strong restructuring and insolvency practice builds in profile amidst praise from observers across the market", (2009).

Representative Experience

• FirstCity Partnership Limited - advising the trustees of FirstCity’s pension scheme and FirstCity’s defined benefit scheme deficit and the insolvency recovery options. Then advising the administrators of this FSA regulated insurance broker and risk manager adviser in the London and international insurance market. The matter involved detailed advice and assistance on a prior sale of FirstCity’s business, liaison with the Financial Services Authority on appointed and regulated activities and generally with regard to the Financial Services and Market Act 2000, the operation of client accounts under the FSA CASS Rules, including successful court proceedings to obtain Berkeley Applegate orders for the handling and distribution of trust assets and client monies, insurance run-off service agreement and ongoing court proceedings relating to challenges to validity of unregistered security interest over indemnity insurance refund.
• Magnus Properties (UK) Limited – acting for financiers and subsequent administrators in relation to the administration and restructuring of the commercial and residential property portfolio management business of Magnus and related companies. The portfolio consisted of over 1,000 residential and commercial units, including nursing homes and hotels, and involved managing multi banked debt of in excess of £85 million. Our team, lead by Susan Kelly, has advised on strategy for restructuring, the portfolio issuing applications to courts in different jurisdictions, the application of EU Regulations and centre of main interests, issues in relation to the multi-jurisdictional nature of the business, and investigations into the affairs and dealings with the company.
• Cathedral Court (Blackburn) Limited - advising administrators with regard to a major property development. A two-stage process involving defending complicated and lengthy legal proceedings challenging validity of appointment and continuation of administration. Dealing with the restructuring of the site, investigation into site title and lengthy litigation to perfect title, planning and development issues and facilitate the disposal of the site to another developer.
• RD Precision Limited - advising financiers and administrators of RD Precision a manufacturer of precision tools and parts for the aerospace, defence and automotive industries. Achieving successful sale of the business and preservation of jobs.
• Supercover Group Limited – acting for an international financier with regard to finance documentation, restructuring and re-securitisation. Acting for administrators on the restructuring of the Supercover Group which turned over in excess of £25 million importing and distributing prams, pushchairs and nursery accessories. Successful restructure of the group using administration as a tool to achieve survival of other group companies and all of the businesses. Included complicated advice on the financial documentation to achieve a restructuring, advice on supply and distribution agreements, retention of title, sale of part of the business and re-securitisation of other parts of the group.
• Advising financiers on a multi-million pound restructure of a global facility in the oil and gas industry.