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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.

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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.

Insolvency - Issues for directors

16 March 2017

All directors owe duties to their companies. When a company is solvent, those duties are owed to the company personified by its shareholders. But when insolvency is pending, directors must act in the company’s creditors’ best interests. That difference means that the nature of the directors’ duties undergoes a significant shift when insolvency threatens.

Expert Witnesses

16 March 2017

This guide provides a general introduction to the use of experts in court proceedings. The rules governing expert evidence are found in Part 35 of the Civil Procedure Rules, Practice Direction 35, the Court Guides and the Guidance for Instruction of Experts in Civil Claims published by the Civil Justice Council. This guidance will highlight the main points you need to know, consider issues often encountered and offer some practical tips.

Court considers service of a defendant’s notice to force claimant to serve proceedings or discontinue a claim

14 February 2017

A recent decision not only reminds practitioners of a defendant’s ability to force a claimant to either serve proceedings or discontinue a claim by using a CPR 7.7(1) notice, but also considers for the first time the date for compliance with such a notice.

Legal advice privilege: Not as wide as you think?

08 February 2017

Who is a lawyer’s client and what type of communications are protected for the purposes of legal advice privilege have been the subject of two recent important High Court decisions. These cases make it clear that not all communications between lawyers and a client’s employees will be protected by legal advice privilege, even if the communication took place to allow legal advice to be given.

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