- Called: 2002
‘Gives straightforward no nonsense advice.’
The Legal 500 UK 2019
Morwenna practises in Commercial Chancery Law, specialising in commercial finance, insolvency and asset recovery. Known for her straightforward and pragmatic advice and her approachable manner, Morwenna aims to provide a fast, efficient and user-friendly service.
Morwenna is ranked as a leading junior for Insolvency in the Legal 500.
Morwenna practises predominantly in insolvency and has expertise in all areas of commercial finance and asset recovery. She regularly acts for creditors, debtors and IPs, major banks and factors, and high net worth individuals; receiving instructions via large and niche Solicitors firms and directly. Her main areas of practice are:
Including CVAs, Administration, Voluntary Liquidation, Winding Up, LPA Receivers, Restraining Presentation or Advertisement of Petition, Applications to Appoint Provisional Liquidator, Disputed Petitions, Directors’ Duties and Misfeasance claims, Directors Disqualification, Jurisdiction, Preferences and Transactions at Undervalue.
Including IVAs, Setting Aside Statutory Demands, Defending Petitions on grounds of Genuine and Substantial Dispute, Annulment of Bankruptcy, Orders for Sale and Co-ownership Disputes, Bankruptcy Restrictions Orders, Preferences, Transactions at an Undervalue, Transactions likely to Defraud Creditors and Remuneration challenges, Professional Negligence and s.304 Claims against Trustees and IPs, Jurisdiction.
Factoring & Invoice Discounting
Including applications for Summary Judgment, Construction of Contractual Terms, Reliance on Conclusive Evidence Clauses and Enforcement.
Guarantees & Indemnities
Including applications for Summary Judgment, Construction of Contractual Terms and Enforcement including Bankruptcy.
Including Directors’ Duties, Unfair Prejudice Petitions, Remedies, Shareholder Disputes, Derivative claims and Corporate Insolvency.
Consumer Contract & Credit
Including Consumer Credit Act claims and enforcement, Claims involving Insolvency, Consumer Regulations, Unfair Terms, Sale of Goods and Supply of Goods and Services Act claims.
Including Quistclose trust type claims, Constructive Trust claims including relating to the family home, Claims for an Account and other Equitable Remedies.
Including Detailed Assessment, Costs Budgeting and Costs Management, Relief from Sanctions, and challenging/defending Solicitors bills and fees.
Including claims involving Estate Agents, Entitlement to Commission, and Construction of Contract Terms.
Including Retention of Title Clauses, Enforcement, Trusts, Freezing Orders and Injunctions, and Fixed and Floating Charges.
Morwenna graduated with LLB Hons from Kings College, London in 2001, where she was also awarded the Moot Cup and was made an Associate of Kings College. After being awarded a Major Scholarship and a Duke of Edinburgh Award by the Inner Temple, Morwenna completed the Bar Vocational Course at ICSL, where she was ranked in the top 2% of her year.
Pilgrim Rock v Iwaniuk  1 WLUK 106 High Court ChD
High Court Appeal – Unfair Relationship – Quasi-Commercial loan – Joint Venture – s.140A Consumer Credit Act 1974
Morwenna represented the Appellant in this case concerning the interpretation of the “unfair relationship” provisions in s.140A of the Consumer Credit Act 1974. The Judge had not found a third party, Mr S, to be an agent or “associate” of the creditor company, but had found his role and informal joint venture with the debtor to be relevant given that he treated the original creditor, and the Claimant assignee as his corporate vehicles or alter egos. The appeal had concerned whether the Judge was entitled to do so given the provisions in the Act and the Supreme Court decision in Plevin v Paragon Personal Finance Ltd. The Court held that the Judge was entitled to consider the true nature, role and identity of the creditor and debtor as part of its consideration of all the “relevant circumstances” under s.140(2) when considering factors s.140(1)(a) – the terms of the loan – and (b) – how the creditor had sought to enforce its rights; and that this was to be distinguished from attributing the acts of a third party to the creditor under s.140(1)(c) – things done or not done by or on behalf of the creditor, which could only be done if they were found to be an agent or “associate”.
Link to case in Westlaw
Link to case in Lawtel
A PDF of the Westlaw case analysis can be found here
Kavuma v Stephen Hunt  12 WLUK 119 High Court ChD
Insolvency – Costs – Setting Aside Default Costs Certificate CPR 47.12 – Relief from Sanctions – Jurisdiction
Morwenna successfully represented the Trustee in Bankruptcy as Respondent to the Kavumas’ application to set aside a default costs certificate in the sum of £293k obtained following a failure to serve points of dispute within the extended period granted to them following their son’s serious illness. This case raised important issues as to the jurisdiction of the Court to hear the application, and the inter-relation of the factors set out in CPR 47.12 / para 11 of PD47, and the Denton principles applying to relief from sanctions applications. Further significant points raised included how far the Kavumas could rely upon their unfortunate personal circumstances (which included the death of their son) as being a “good reason” for not having applied sooner, and the extent to which they could excuse their defaults because they were litigants in person.
The court held that it had jurisdiction to hear the application, and dismissed the application, holding that promptness was an important issue that should be considered before the three-stage Denton principles; that whilst there might have been good reason for the initial delay, it could not explain all of it; and that there are limits as to the extent that the courts would take into account that they were acting in person.
Link to case in Westlaw.
Link to case in Lawtel.
Ogunleye v Atkinson (TIB of Ogunkoya) (11 October 2018)
Court of Appeal: Bankruptcy; exceptional circumstances; suspension of warrant; relief from sanctions
Having successfully stepped in to obtain permission to appeal last year and a stay of eviction, Morwenna represented the bankrupt’s spouse before the full court. This case raised issues of the discretion to suspend a warrant following an order for possession and sale and exceptional circumstances; and also relief from sanctions and the application of the Denton criteria (the Client’s original appeal having been struck out in the High Court owing to failures by the client’s previous legal representatives). Morwenna argued that the original appeal had strong merits, the District Judge having wrongly held he had no power to suspend, and that it had been disproportionate to strike out the appeal and the High Court judge failed to consider all the circumstances of the case. Following indications by the full court that they were minded to overturn the various orders, Morwenna successfully negotiated a settlement enabling her client to remain in her home for an extended period.
Southbourne Trading Co Ltd  B.C.C. 604
High Court: Recission of Winding Up Petition; Service; Disputed Debt; Indemnity Costs
Morwenna succeeded in obtaining an order to rescind a winding up order made against her client in circumstances where the petition was held not to have been properly served and the debt was disputed on substantial grounds. Morwenna also succeeded in obtaining indemnity costs against HMRC. Morwenna had earlier assisted her client in obtaining an urgent interim injunction to stay the winding up pending the hearing of the recission application.
Link to case in Westlaw UK
Sandhu v Sandhu  EWCA Civ 1050
Court of Appeal: Contructive Trusts; Fresh Evidence
Morwenna had succeeded at trial in obtaining a declaration that her client had a 70% interest in a property registered in his son’s name. She had previously obtained a freezing injunction to prevent the disposal of the property. The son appealed the Trial Judge’s decision as to the quantification of the beneficial interest and sought to introduce new evidence. Whilst the Court of Appeal held that the learned Judge had misinterpreted the completion statement and thus the contributions to purchase price, it was held that it would be wrong to have exclusively attributed the mortgage advance to the son where the father’s monies (from rent collected on other properties) had been used to defray the mortgage. The Court of Appeal thereby confirmed that the approach to quantification was not strictly arithmetical, and that all the circumstances of the case were relevant. Jones v Kernott and Stack v Dowden applied. Appeal dismissed and application to adduce new evidence refused (the son could have found the documents with reasonable diligence).
Link to Case in Westlaw UK
Smart v London Borough of Brent  EWCA Civ 434
Court of Appeal: Fresh Evidence
Link to Case
Novel case brought against the Official Receiver and Secretary of State seeking annulment of Bankruptcy Restrictions Undertaking on grounds that Bankrupt’s consent was vitiated by factors akin to undue influence, non est factum, misrepresentation and mistake; successfully settled.
Successfully resisted Supervisor’s petition on failed IVA and obtained an order pursuant to Re Bourne to revive IVA where it was in the best interests of the creditors, despite creditor opposition.
Successfully appealed decision to strike out claim for abuse of process.
Successfully resisted High Court appeal, following successful resistance of application to set aside statutory demand on grounds including enforceability of Guarantee and whether there had been a binding compromise.
Successfully obtained relief from sanctions in early post-Mitchell case, involving a £500k investment venture
“Insolvency: Transactions at Undervalue” Insight on Westlaw (6 Feb 2017)
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“Insolvency: Undue Preferences” Insight on Westlaw (6 Feb 2017)
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“Fast Track Trial Costs” Insight on Westlaw (17 Oct 2016)
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“Default Costs Certificates” Insight on Westlaw (17 Oct 16)
“Costs Capping” Insight on Westlaw (17 Oct 16)
“Winding Up: Effects on Third Parties” Insight on Westlaw (8 Aug 16)
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“Costs and Case Management: Relief from Sanctions” Insight on Westlaw (20 Oct 15)
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“Costs Budgeting: Sanctions” Insight on Westlaw (6 Oct 15)
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“Costs Budgeting” Insight on Westlaw (2 Oct 15)
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“Sale of Goods: Contract” Insight on Westlaw (6 Feb 15)
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Morwenna is a member of COMBAR (The Commercial Bar Association), the London Common Law and Commercial Bar Association Bar, Chancery Bar Association and the Pro Bono Unit.