Navigating the insolvency process
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.
A guide to the litigation process in England and Wales04 November 2022
If you are involved in a dispute in England and Wales 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.
Jurisdiction Challenges28 October 2021
Where a claim is litigated can be very important. This inbrief provides you with a guide on how to challenge the jurisdiction of the English courts if a claim is started here. We also highlight the steps that can be taken in England if a claim is commenced elsewhere, even though you believe it should be litigated or arbitrated in England.
Enforcing arbitral awards in England & Wales28 October 2021
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.
Coronavirus Act 2020 and forfeiture of leases16 June 2021
The government has protected tenants’ interests, with the Coronavirus Act 2020 coming into force on 26 March 2020.
Insolvency issues for directors31 May 2021
All directors owe duties to their companies. When a company is solvent, those duties are paramount but once insolvency is pending, directors must act in the creditors best interests. That difference means that the nature of the directors’ duties undergoes a significant shift when insolvency threatens.
Trading through the pandemic: insolvency issues, risk and contractual performance05 November 2020
Six months have passed since the UK’s lockdown. With no immediate signs of a vaccine, it remains unclear how long we will continue to live with Covid restrictions. The economic fallout is staggering and the pressure many businesses are facing is unprecedented. Significant changes were made to the UK’s legal framework to help restructuring professionals address problems faced by distressed businesses (the Corporate Insolvency and Governance Act 2020 or CIGA). Rules laid down in the act have recently been reviewed, with some changed and updated. In this webinar we will reflect on the position.
Dispute Resolution Update - October 202016 October 2020
Welcome to our October 2020 Dispute Resolution Update which collates some of our recent insights. We will be hosting our next dispute resolution webinar on the 5th November 'Trading through the pandemic: insolvency issues, risk and contractual performance.' You can find registration instructions here. Thank you for reading the October Dispute Resolution Update.
Dispute Resolution Update - July 202020 July 2020
Welcome to our July 2020 Dispute Resolution Update. We've included articles on a range of issues, including features on Covid-19, Professional Services and Sports Disputes. Since our last Update, Covid-19 and the enforced lockdown has turned life upside down for many businesses and individuals. As the world has adjusted, contentious issues have started to emerge. Not only can we help resolve such issues once they arise, we can also work with you to reduce the risk of litigation. If you have any feedback, comments or queries let us know by contacting Paula Barry.