Petra van Dijk

Associate
Office:
  • Banbury
Phone:
01295 204159
LinkedIn:
LinkedIn
Specialisms:
  • Petra
  • Insolvency
  • Disputes
  • Dispute Resolution

Petra, who has a Dutch Law Degree, qualified as a Solicitor in 2000 and joined Spratt Endicott in 2011. Petra was promoted to Associate in 2015.

Work highlights

  • Petra provides advice on a broad range of commercial disputes, including those of a contractual and commercial nature, involving intellectual property rights including passing off claims, shareholder and partnership disputes, retention of title issues, enforcement of personal guarantees and debt recovery.
  • Petra has a particular expertise in insolvency, dealing with all aspects of insolvency related matters, including:
    • applying for administrator orders, both on behalf of insolvent companies and creditors 
    • negotiating administration and liquidation sale agreements
    • advising on Company and Individual Voluntary Arrangements
    • bankruptcy and winding-up petitions
    • injunctions to restrain advertisement of winding-up petitions
    • validation applications
    • breach of directors' duties claims, including misfeasance and wrongful trading
    • preference payments and transactions at an undervalue claims
    • bankruptcy annulment proceedings
    • suspension of discharge applications
    • claims involving the matrimonial home
    • asset tracing and recovery, including freezing injunctions
  • In undertaking insolvency work, Petra has extensive experience of acting for Insolvency Practitioners, companies, directors and private individuals.

Professional Memberships, publications and interests:

  • Petra is an associate of R3, the Association of Business Recovery Professionals
  • Petra is ranked in Chambers UK 2015 as a Leading Individual
  • In her spare time Petra likes to read and swim. She also enjoys travel, whether on city breaks or family holidays. 

 

Case Studies

  • Resolving Shareholder Dispute
    Our client had set up a Joint Venture Company (“JVC”) with three individuals, employed by and involved in the management of the JVC. Our client supplied goods to the JVC under the terms of a distribution agreement. 


    Our client raised concerns with the running of the JVC as the individuals had used company funds for their own use (in respect of which subsequent directors loan accounts were created) and failed to pay our client for goods it had supplied. 


    The client wished to terminate the agreement whilst still being able to supply the customers of the JVC directly. An analysis was required of the distribution agreement; the consequences of termination; and our client’s position vis-à-vis the JVC customers. This included advising upon various insolvency procedures available to it including liquidation and administration and the benefits and drawbacks of using those procedures. 

    The understanding of the insolvency processes and the threat of winding up in a robust letter of claim led to swift and successful conclusion for our client. The individuals have entered into compromise agreements and have transferred their shares in the JVC to our client. 
  • Removal of Nominee Shareholder
    Our client was the beneficial owner of an investment company incorporated in the UK. The company’s shares were held in the name of a nominee shareholder, who was also a director of the company, under the terms of a declaration of trust. The beneficial owners instructed us with a view to commence proceedings against the nominee shareholder when, in breach of his obligations under the deed of trust, he refused to transfer the shares to the beneficial owners upon their request. 

     Petra advised the clients that as beneficial owners under the declaration of trust they were entitled to sign stock transfer forms and pass resolutions. The clients were therefore, with our assistance, able to remove the nominee as director and appoint a new director, who resolved to register the stock transfer forms executed by the clients, transferring the shares to the beneficial owners without the need to commence court proceedings. 

     The pragmatic approach to this matter meant that the need to commence costly and time consuming court proceedings was avoided. Instead, Petra made best use of the provisions in the declaration of trust and the powers granted to shareholders of a company, under the articles of association, to achieve a speedy and cost effective resolution.
     
  • Retention of Title Dispute
    Petra was consulted by this client in connection with the administration of Comet, to whom our client had supplied goods subject to retention of title provisions. A representative of our client had put in place a bespoke contract, without seeking legal advice, and had failed to use our client’s standard retention of title provisions. As a result, the retention of title provision was far from robustly worded.

     A negotiated settlement was reached with the administrators for Comet, under which terms our client released its goods from the reservation of title, and obtained a substantial payment towards the value of the goods that were in Comet’s possession at the date of administration, despite the serious shortcomings in the retention of title provision. 

     Petra’s knowledge of the insolvency legislation meant that she was able to apply the appropriate pressure concerning potential personal liability for the administrators in the event that a court successfully upheld our client’s retention of title claim. During the course of the negotiations the administrators’ initial offer made directly to the client to pay 35% of the value of the goods increased, resulting in a payment of 60% of the goods’ value.

 

Testimonials

  • "This firm provided a prompt and very sucessful resolution to my problem. Thank you."

    Mrs B
    Finmere, Buckingham
  • "Petra was a breath of fresh air in a very difficult situation (for me). She was sympathetic and effective."

    Mr Wood
    Chipping Norton
  • "At this time I would like to acknowledge your patience and your tenacity in achieving this result. It has been a pleasure working with you and I really do appreciate that we have achieved a perfect result."

    Client of Petra Van Dijk, Solicitor in Dispute Resolution

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