The team has a particular strength in contentious insolvency work, acting for insolvency practitioners, creditors and directors in bringing and defending a wide range of litigation involving insolvent companies and individuals. This work frequently involves the team in proceedings in the High Court, and we also have extensive experience in resolving disputes through alternative dispute resolution including mediation and arbitration. Typically this work will involve advising:
- on winding-up and bankruptcy petitions, applications for administration orders (where appropriate), and other procedural Insolvency Act applications
- insolvency practitioners on recovering and realising assets through proceedings against directors and other parties under the Insolvency Act for misfeasance, wrongful and fraudulent trading, transaction at an undervalue, preferences and transactions defrauding creditors
- office holders on all forms of debt recovery and asset tracing and on obtaining urgent injunctive relief, including freezing and search orders
- office holders on realising assets, including court applications for the possession and sale of property
- directors and other debtors in defending claims brought by insolvency practitioners or by secured creditors
- creditors and others supply chain clients dealing with insolvent companies (including banks and financial undertakings) on their rights and on the enforcement of their security interests, including debentures, guarantees, fixed charges, liens and retention of title rights
- on related issues including security for costs applications, after the event insurance and third party funding
- creditors on effective debt recovery including the use of statutory demands and winding up petitions