Calum S. Jones

Principal areas of expertise: Restructuring & Insolvency (both contentious and non-contentious); Corporate Finance; Debt Factoring and Invoice Discounting; and, complex commercial litigation relating to the areas of restructuring & insolvency, corporate finance and debt factoring and invoice discounting.

Experience – Restructuring: UK counsel to French based bankers in the restructuring of a Norwegian based multinational oil industry facilities company; acted for a company facing insolvency as a result of a purchase of a business with a large “black hole” in its accounts in pursuing the vendors and previous directors of the company that had been purchased for breach of warranties, fraud, misrepresentation and compensation which resulted in the survival and return to profitability of the entire business; acted in the CVA of an AIM listed company, turning it into a cash shell for its subsequent reverse takeover.

Experience – Insolvency: acted for the Accountant in Bankruptcy and for the Institute of Chartered Accountants of Scotland in the largest single transfer of insolvency appointments in Scotland; acted for a US based company in Chapter 11 in the restructuring of its European operations; acted for a number of insolvency practitioners in defending disciplinary proceedings brought by their regulatory body; acted for the Insolvency Practitioners Association in disciplinary proceedings in Scotland; acted for PKF in defending a claim for negligence on the part of a receiver by the liquidator of the company concerned; acted for the DTI Insolvency Service in connection with applications for the disqualification of directors; acted for the Joint Administrators in the trading and sale as a going concern of a fish farm business; acted for the Joint Liquidators of a contracts for differences trader in a multi million pound insolvency and asset realisation assignment; acted for the Institute of Chartered Accountants of Scotland in revising and updating their style Trust Deed following legislative changes; acted in reported insolvency cases in both the Supreme Court and the Inner House of the Court of Session.

Experience – Corporate Finance: acted for MBO/MBI team that acquired Gaelic Cashflow Finance Limited; acted for Reg Vardy plc in the acquisition of part of the First Ford motor group from the receivers; acted for largest independent mining company in the UK in the sale of some of its assets and the restructuring of the business; acted for Aberdeen Asset Managers in the sale of their interest in a multinational toy business to a trade purchaser; acted for Aberdeen Asset Managers in drafting internal documentation relating to the appointment of nominee non-executive directors to third party companies; acted for large independent regional accountancy practice in the purchase of another practice.

Experience – Factoring & Discounting: acted for a debt factoring company in a successful seven-figure action against fraud indemnity insurers; acted for a debt factoring company in pursuing a ground-breaking negligence claim against the accountants of a failed client; acted for a debt factoring company in negotiating to provide and drafting the documentation supporting a “white label” factoring product; former non-executive director of a factoring company.

Appointments: Director of the Joint Insolvency Examination Board; representative of the Law Society of Scotland on the Joint Insolvency Committee; member of the Law Society of Scotland Banking, Company Law and Insolvency Committee and of the Insolvency Law Specialist Accreditation Panel; accredited as a specialist in Insolvency Law by the Law Society of Scotland; tutor in Company Law at the University of Strathclyde.

Speaking: Regularly invited by all the main training providers to speak at conferences involving restructuring and insolvency, corporate finance and invoice discounting and factoring, including: the Law Society of Scotland; Central Law Training; the Institute of Chartered Accountants of Scotland; the Royal Faculty of Procurators in Glasgow; invited by most of the major corporate recovery and insolvency accountancy firms to provide in-house training.

Publications: Scottish chapter of “Cross-Border Insolvency”, published by INSOL International; various articles for legal, accountancy and insolvency journals.

Education: Craigie High School, Dundee; University of Dundee (1986 LLB Hons, 1987 Dip LP).

Member: Member of both the Insolvency Lawyers Association and the Association of Business Recovery Professionals (R3); Notary Public.

Leisure: Reading, walking, gardening, golf.

Phone: 0793 522 8791

E-mail: calum.jones@kepstorn.co.uk

Main areas of work:

• Corporate and Commercial
• Insolvency and Corporate Reconstruction
• Debt Factoring and Invoice Discounting