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Insolvency Disputes

We regularly act for and against Insolvency Practitioners in contentious matters. Our priority is to give pragmatic and commercial advice at all times.

Over the years we have handled a range of insolvency-related issues including claims in respect of unlawful distributions, claims against directors for breach of duty and misfeasance, antecedent transaction claims, wrongful trading claims and retention of title claims.

We have an excellent track-record of recoveries for creditors, and advise regularly on counterparty insolvency in the context of bankruptcies and corporate insolvencies.

On the debtor side we advise directors of distressed companies on risk and duty and, in appropriate cases, we work closely with a trusted network of Insolvency Practitioners to invoke support from the Courts to protect assets and preserve value.

Related items

Enforcing arbitral awards in England & Wales

12 December 2017

Where a party has obtained a favourable arbitration award in a jurisdiction other than England and Wales and the respondent to those arbitration proceedings has assets in this jurisdiction, the successful party may wish to enforce the arbitration award here. This guide will consider the steps that the successful party must take in order to be able to do so.

Use of disclosed documents to threaten new proceedings was a breach of court rules and may amount to a contempt of court by the solicitor and client

12 December 2017

The Civil Procedure Rules (CPR) provide that using documents disclosed in existing proceedings (except for the specific purposes allowed) breach the rules. CPR 31.22 provides various exceptions to when a document disclosed in a set of proceedings may be used. Any use outside of the rules could also amount to a contempt of court. Both the client who relied on the solicitor’s advice and the solicitor may be equally vulnerable to the contempt proceedings where there is no evidence of deliberate or reckless misconduct by the solicitor.

Insolvency FAQs

31 October 2017

In the current economic climate many of our clients are experiencing situations they’ve never had to deal with. We’ve put together the following guide to help answer the most frequently asked questions we receive.

A guide to the litigation process

15 August 2017

If you are involved in a dispute you need to know: what options there are for resolving the dispute; what litigation involves; the steps from the start of proceedings to trial; what parties to proceedings have to do; the fundamentals of court procedure; how to use legal advisers efficiently and cost effectively; and what happens after judgment.

Validly serving a Statutory Demand is a prerequisite for presenting a Bankruptcy Petition

22 June 2017

The court has stressed the importance of validly serving a Statutory Demand before presenting a Bankruptcy Petition. The creditor must do all that is reasonably required to bring the service of the Statutory Demand to the attention of the debtor. Without effectively serving a Statutory Demand on the debtor, presenting a valid Bankruptcy Petition is impossible.

Mediation

14 June 2017

Mediation is a common method of alternative dispute resolution (‘ADR’). It is a consensual process, with any settlement having to be agreed by both parties.

Disclosure: avoiding the pitfalls

22 May 2017

This guide provides you with a general introduction to the obligations of disclosure in Court proceedings. The rules governing disclosure are found in the Civil Procedure Rules Part 31 and the surrounding case law. This guide will highlight the main points you need to know, consider the problems often encountered and offer some practical tips.

Marathon Asset misses the jackpot again

12 April 2017

After being awarded only £2 in nominal damages in its breach of confidence case, Marathon Asset has been heavily penalised on costs after failing to accept the defendants’ Part 36 offer.

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