Insolvency and Restructuring

Insolvency can be a complex area, so it's key to have an experienced team on your side

We have a proven track record in advising insolvency practitioners, directors of distressed companies and stakeholders across the UK.

 

We have worked on many complex contentious matters representing office holders with claims for misfeasance, breach of statutory duties, antecedent transactions, unlawful dividends as well as disputes arising out of bankruptcy matters.

 

As market leaders in the asset and invoice finance sector we are also able to work with office holders to restructure failing businesses.

 

In the last year alone we have dealt with a comprehensive range of transactions, working with:

 

  • Insolvency practitioners
  • Invoice and Asset Finance companies
  • Lenders, debtors and creditors
  • Directors and shareholders of businesses faced with insolvency issues

 

In the current climate when there is an increased risk of fraud and the disappearance of assets we regularly assist our clients in tracking down missing assets and pursuing fraudsters.

 

We advise generally in relation to companies which are subject to voluntary or compulsory liquidation including representation at creditors' meetings, advising on winding up companies by order of the Court and all legal issues arising out of liquidations. We also assist on the sale of assets, antecedent transactions and pursuing claims against third parties including directors.

 

We have a strong bankruptcy practice which also deals with Individual Voluntary Arrangements. We regularly initiate bankruptcy proceedings on behalf of clients who have exhausted all other means of recovery, and will continue to act on their behalf in dealing with an individuals trustee in bankruptcy or, in the case of a IVA, supervisor.

 

The knowledge and experience of our commercial litigation, debt recovery and insolvency teams help you minimise loss and prevent fraud, Where loss or fraud is suffered, we are well placed to assist you in maximising recoveries.

 

Amongst other things we advise on...

 

  • Administration
  • Receivership
  • Liquidation and Voluntary Arrangements
  • Advising on the validity of security and insolvency appointments
  • Insolvency litigation
  • Directors' disqualification
  • Bankruptcy

 

We have recently acted on the following matters:

 

  • Catalyst Business Finance Limited (our client) v Richard Tuckwell. Successfully relied upon certificate of indebtedness as conclusive evidence of both liability and quantum in claim against indemnifier

  • Appeal proceedings regarding unlawful dividend claim applying the principle in Global Corporate Ltd v Hale [2017]
  • Various personal insolvency matters involving possession proceeding, exceptional circumstances, annulment applications and appeals against TIB’s adjudication on debts
  • Acting for the director in disqualification proceedings, we successfully negotiated a reduction in the disqualification period from 6 to 3 years and no order as to costs with the SOS
  • Advising on and drafting of finance and security documentation and the structuring of funding packages

 

Contact us to discuss how we can help your business

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