Job: 
Senior Associate
Location: 
Edinburgh
Direct line: 
+44 (0)131 656 3762
Email: 
iain.penman@brodies.com
File Download VCard (3.21 KB)

Iain has almost 20 years’ experience of practising as a litigator and resolving disputes. Over the last 12 years, Iain has focused on developing his specialism in restructuring and insolvency disputes.

The range of clients that Iain acts for includes insolvency practitioners, commercial creditors, directors/shareholders and private individuals.

Iain is experienced in advising on and assisting clients with a wide range of restructuring and insolvency matters and disputes arising from insolvency processes, including: pursuing actions of unfair prejudice; providing pre-appointment advice to directors and shareholders on insolvency and directors duties; enforcement of securities; the impact of insolvency on licensed premises; advising on and pursuing and defending recovery of gratuitous alienations and unfair preferences; assisting English insolvency practitioners and Solicitors in understanding the Scottish legal and insolvency system; recall and reduction of Sequestration.

Some particular highlights from Iain’s career include:

  • Acting for the successful Petitioners in Scotland’s leading case on unfair prejudice securing wide ranging orders and uplift on expenses; successfully defending subsequent appeals and enforcing the expenses awards.
  • Acting for lenders in the Administration of a multi-jurisdictional and multi-million pound commercial property business to assist with: the appointment of administrators via a contested court process. Then pursuing recovery of debts on behalf of administrators post appointment and the extension of the administration.
  • Pursuing and defending claims for recovery of gratuitous alienations and unfair preferences.
  • Pursuing and defending claims for breach of director’s duties, most recently defending claims against non-executive directors invoking the statutory defence under section 1157 of the Companies Act 2006.
  • Advising on and litigating unusual or contentious personal insolvency cases, such as: contested recovery of family homes under section 113 of the Bankruptcy Act 2016; pursuit of a contentious sequestration involving resisting multiple DAS applications by a debtor; reduction of wrongful sequestration of an individual by a local authority, including recovering the client’s full legal expenses.