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Michelle is a recommended lawyer in the 2024 Legal 500 and is well known and respected for her expertise in contentious insolvency (both personal and corporate) having acquired a broad range of experience advising and acting for Insolvency Practitioners in respect of claims arising from fraud, provisional liquidations, antecedent transactions and restructuring issues. She frequently acts for directors and is well versed in complicated shareholder disputes and disqualification proceedings.
This compliments her commercial litigation experience dealing with all forms of fraud including deceit, conspiracy, knowing receipt and breach of duty claims together with complex contractual disputes, injunctive relief and professional negligence. She is frequently instructed in large value claims in the specialist divisions of the High Court alongside other major UK firms. The most recent being a complex £60m multi jurisdiction and multi-party Provisional Liquidation fraud. Aside from her wealth of experience she brings a high-level client focus.
Michelle regularly represents large financial institutions in the enforcement of various forms of lending security including ISDA Master Agreements, guarantees and mortgages. She also successfully represents former director defending guarantee claims.
Michelle was ranked in the Legal 500 whilst at Isadore Goldman and Teacher Stern.
""'Michelle Mollaghan is massively experienced and hugely knowledgeable when it comes to disputes in the commercial / civil fraud / insolvency fields. She has a great feel for strategy, what the court will accept and what the client’s goals are. She is also great with clients and very easy to work with, always easy company.'
Legal 500, 2024
Career Highlights
- 2022 Unified Payroll Limited v Ncube a multi jurisdictional and multi-party claim by the liquidators for an alleged tax fraud of in excess of £58 million;
- Represented an Executor in a complicated high profile probate dispute.
- Al-Subaihi v Al-Sanea [2022] EWCA Civ 1007 and [2022] EWCA Civ 1349 a Court of Appeal judgment considering (i) the tests for imposing conditions on permission to appeal to the CA, and (ii) the presumption that a party in breach cannot rely on their own wrong .
- Courtwood Holdings SA v Woodley Properties Ltd & Ors [2018] EWHC 2163 (Ch) – a three week multimillion-pound knowing receipt trial in the Chancery Division
- Claims Direct PLC v Hinton [2021] EWHC 1613 (CH)
