Contact Details
Location Charminster
Phone 01202 057789

Caroline Palacio

Senior Associate Solicitor and Head of Insolvency & Business Recovery

Insolvency

My Approach

My clients are frequently involved in disputes and investigations with both civil and criminal elements. I aim to provide practical and commercial advice and to ensure that clients can make informed choices based on a thorough analysis of the evidence and understanding of their position. I appreciate that the attention of a government agency can cause considerable anxiety and I endeavour to respond to enquiries promptly and keep clients informed of any developments.

Areas Of Expertise

My practice is split between Regulatory Law, Insolvency, Criminal Law and Commercial Dispute Resolution.

Regulatory Law

  • Disputes with HMRC concerning demands for payment of tax and penalties,
    including arranging appeals to the First Tier Tribunal (Tax Chamber).
  • Investigations and interviews under caution with HMRC, Local
    Authorities, Official Receiver, Trading Standards, Maritime and Coastguard
    Agency, Border Force, Serious Fraud Office and Police.
  • Advocacy and defending prosecutions brought by the CPS, Insolvency
    Service and Local Authorities.
  • Noise abatement notices, food hygiene.
  • Planning Enforcement.
  • Fraud and Financial Crime.
  • Disputes with Border Force concerning seized goods including making
    restoration requests and issuing condemnation proceedings.
  • Health and Safety.

Insolvency Law

  • Advice to directors of companies in financial difficulties.
  • Personal Guarantees.
  • Receiverships.
  • Individual and Company Voluntary Arrangements.
  • Disqualification proceedings pursuant to the Company Directors
    Disqualification Act.
  • Applications to Court pursuant to the Insolvency Act 1986 including for
    re-use of a company name.
  • Advising insolvency practitioners on the validity of appointment, technical
    issues and recovery of assets for the benefit of the insolvency estate..
  • Insolvency claims against companies and directors including preference, misfeasance,
    transactions at an undervalue, illegal dividends, wrongful and fraudulent
    trading and avoidance of floating charges.
  • Winding up and bankruptcy petitions.
  • Statutory demands.
  • Advice regarding inclusion on the Individual Insolvency Register.
  • Advice to creditors of companies facing insolvency proceedings.

Criminal Law

  • Fraud and Financial Crime.
  • Investigations and Proceedings.
  • General crime including all types of
    offences.
  • Drink and drug driving.
  • Motoring offences.

Commercial Litigation

  • Contract and debt recovery disputes.
  • Professional Negligence.
  • Banking and Finance Litigation
    including mis-selling claims.

Recent Work Includes

  • Representing a nightclub in a successful appeal against a noise abatement notice and securing a substantial costs order against the Local Authority at the Crown Court which was upheld in Judicial Review proceedings in the Administrative Court.
  • Obtaining the release of a cargo of wine and transport following a successful restoration request to Border Force on behalf of a wine importer.
  • Securing the dismissal of a winding up petition against a sole trader in respect of a creditor’s petition for a substantial debt owed to HMRC.
  • Advising a landlord of a large residential property portfolio in financial difficulties regarding LPA receiverships and an Individual Voluntary Arrangement.
  • Representing a company and its director on a second prosecution for trading whilst subject to an unpaid HMRC security requirement and obtaining a favourable outcome.
  • Advising the directors of a restaurant chain in interviews under caution in respect of alleged VAT offences which resulted in no further action being taken.

Experience, Professional Associations & Qualifications

  • Qualified as a solicitor in October 1990
  • LLB (Hons) Law Degree from University of Leicester
  • LLM in Commercial Law from University of Bristol
  • Solicitors Final Examination from College of Law Chester
  • Joint Insolvency Examination Board
  • Law Society Criminal Accreditation Scheme

Appointments

  • Fee Paid Judge of the First Tier Tribunal (SEC)

Memberships

  • Association of Business Recovery Professionals (R3) and R3 Southern Region Committee
  • Association of Regulatory and Disciplinary Lawyers
  • Law Society