We have been regular commentators on insolvency and restructuring issues arising out of the COVID-19 crisis and are well placed to assist with advisory and disputes matters where COVID-19 is the catalyst. Our expertise includes:
- Acting in respect of a variety of litigation arising out of the Insolvency Act 1986 and Companies Act 2006, including antecedent transactions (undervalue, defrauding creditors and preferences), misfeasance claims, wrongful and fraudulent trading claims.
- Acting for insolvency practitioners in cases of fraud and asset recovery, professional negligence, banking and financial services claims and arbitrations.
- Acting in respect of procedural applications arising out of insolvency, including applications for directions and applications in respect of office holder remuneration and defective appointments.
- Acting in the appointment of administrators (both in and out of court) by directors and qualified floating charge holders.
- Acting on applications by creditors to appoint administrators, or on petitions to wind up companies or bankrupt individuals.
- Arranging and providing independent legal advice on the funding of litigation arising out of insolvency.
We represent and advise a variety of stakeholders in the insolvency process, from institutional and trade creditors and employees through to directors, shareholders and insolvency practitioners and individual high net worth debtors. We are regularly instructed prior to a formal insolvency event in order to advise on the best strategic outcome to the issues posed by financial distress of our clients or those in whom our clients have a vested interest.
Where necessary, we work closely with our network of insolvency practitioners to ensure that outcomes focused solutions are developed to maximise our client’s realisations (if acting for creditors) and/or mitigate the effect on our client (if acting for debtors). This can involve the appointment of an office holder and/or the proposal of other restructuring processes, such as voluntary arrangements.
Our lawyers are members of the following professional associations: