Winning the game without playing
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Our Insolvency Dispute experts develop and implement strategies to help you avoid and overcome the challenges facing you
Summary
Insolvency is tough. But it doesn’t always have to be calamitous. Our team of established legal experts, each with over 10,000 hours of experience in their field, can put their skills and knowledge at your disposal. With an entrepreneurial and commercial mindset, as well as the reassurance of transparent fees at the outset, we can help you navigate the way.
In a distressed situation, avoiding loss is a function of asserting both legal rights and practical leverage. An understanding of the language and dynamics of particular industry sectors is often a pre-requisite. Our lawyers have enormous experience in practically every sector of identifying and applying levers which are relevant and will resonate.
Where an insolvency happens, those who suffer will want to punish those who are to blame and office-holders will be keen to deploy the armoury of remedies available to them. We can act for any stakeholder in a distressed situation anticipating an issue arising. Unlike many of our competitors, we have few ‘strategic allegiances’ and are rarely conflicted.
Whether pursuing or defending claims, it requires lawyers such as ours, who are knowledgeable, commercial and pragmatic, to achieve cost-effective resolutions of the disputes arising. We understand your problems, and have helped others find their way.
Our work in Insolvency Disputes includes
- Intercreditor, between holders of debt of differing priory and subordination
- Between the debtor and its creditors, leading to consensual outcomes
- Class composition and fairness concerning Schemes of Arrangement
- Opportunities to challenge Company and Individual Voluntary Arrangements
- Enforcement of rights to enforce security
- Enforcement of powers of investigation available to insolvency office-holders
- Availability of Insolvency Act remedies such as preferences, transactions at undervalue, transactions to defraud creditors, validation of post-winding up petition transactions, wrongful trading. fraudulent trading and misfeasance, as well as claims of breach of trust and fiduciary and other duties
- Proprietary claims such as reservation of title and statutory and common law liens
- Opportunities to challenge acts, omissions and breaches of duty by insolvency office-holders
- Directors’ disqualification
Notable cases
- Royal Trust v NatWest (nature of security)
- Re Television Parlour Plc (disputed petition)
- Re Aveling Barford (investigative powers)
- Re Air Europe (lessor challenging moratorium)
Who have our Partners worked with?
- Deloitte
- EY
- KPMG
- PwC
- AlixPartners
- Alvarez & Marsal
- BDO
- CVR
- Duff & Phelps
- Grant Thornton
- FRP
- FTI
- Mazars
- Resolve
- Smith & Williamson