Profile
Alexander Stewart has a practice specialising in insolvency and company law as well as banking and general chancery.
Alexander has appeared in the Court of Appeal, High Court and County Court in cases in all areas of his specialisations including liquidations, administrations, receivership, bankruptcy, transaction avoidance, security interests, directors disqualifications, minority shareholder disputes, partnership disputes, unfair prejudice petitions, directors duties and conflicts of interest. His general chancery practice includes contractual and commercial disputes, sale of goods, professional negligence, succession, property, and landlord and tenant disputes.
Career
Alexander read law at Magdalen College, Oxford where he took undergraduate and postgraduate (BCL) degrees in law. He was Senior Scholar at Gray's Inn and taught company, and property law at the University of Windsor (Canada) before returning to the bar at Lincoln's Inn. He has also taught insolvency law at the University of Hertford and Holborn College.
As well as contributing to an edition of Copinger and Skone James on Copyright, and published a Casebook on Company Law, Alexander contributes regularly to insolvency and company journals including "The Commercial Litigation Journal", and "Insolvency Law & Practice".
Alexander appears regularly as a speaker and chairman at conferences on company and insolvency law. In 2009 he spoke at Central Law Training conferences on directors duties and derivative actions and chaired a conference on issues raised by the Companies Act 2006.
Cases
Alexander has appeared in unreported cases in all areas of company law, insolvency law and commercial chancery. Most recently at the end of 2009 he appeared in a successful, protracted trial in the High Court on the issues of indemnities and sureties. He has also advised on several cases relating to the MG Rover insolvency.
Alexander's reported cases of significance include:
RE LOOE FISH LTD [1993] BCLC 1160
This case is important authority that conduct by a director may still justify an order for his disqualification as unfit under the Company Directors Disqualification Act 1986 despite the fact that his breach of director's duties involved him acting in what he perceived to be the company's best interest with no personal gain.
HARRINGTON v BENNETT [2000] EGCS 41
In this case the High Court set out the general principles for determining what are "exceptional circumstances" governing the jurisdiction under s. 335A of the Insolvency Act 1986 for an order for the sale of land constituting the home of the bankrupt, his spouse, or civil partner.
GOTHAM v DOODES [2006] EWCA Civ 1080
The successful appeal in this case to the Court of Appeal insured orderly procedure in the administration of a bankrupt's estate as well as valuable protection for creditors, by over-turning a decision reached reluctantly at first instance that a trustee in bankruptcy who had secured a Charging Order on a bankrupt's matrimonial home was obliged by limitation considerations to seek possession and sale.
Membership
Alexander is a member of the Chancery Bar Association, the Insolvency Lawyers Association and R3, the Association of Business Recovery Professionals .
Human interest
Alexander's hobbies are tennis and reading. He is married with 2 sons at university.