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.
We’ve put together a guide to help answer the most frequently asked questions on insolvency.
Coronavirus Act 2020 and forfeiture of leases07 January 2021
The government is racing to try to protect tenants’ interests, with the Coronavirus Act 2020 coming into force on 26 March.
Insolvency issues for directors09 December 2020
All directors owe duties to their companies. However, once a director knows or should know the company is (or is likely to become) insolvent, creditors' interests become paramount. In practical terms, this means that the nature of 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.
Legal Professional Privilege Update22 April 2020
This guide is intended to provide a brief overview of legal professional privilege. It identifies some practical steps which will help to maintain privilege and concludes with a privilege “flowchart” and table of commonly used terms.
Dispute Resolution Update - March 202012 March 2020
Welcome to our March 2020 Dispute Resolution Update. We’ve included articles on a range of disputes, including summaries of recent cases and guides on key aspects of dispute resolution. With an increasingly globalised and fast changing environment, disputes are an inevitable part of business. Not only can we help resolve disputes once they arise, we also work with our clients to reduce the risk of litigation. If you have any feedback, comments or queries let us know by contacting Rachel Rooksby.
Terminating contracts: breaking up is never easy...12 February 2020
The UK has now left the EU. However, the precise terms of our departure are as yet unclear. In the face of uncertainty, prudent businesses are assessing contracts, their cost base and their exposure to currency fluctuations. As part of such a review, the well-prepared need to develop exit strategies where arrangements have become, or will become, unprofitable.