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.
Disclosure Pilot Scheme already making an impact as High Court orders list of “issues for disclosure”12 December 2018
The mandatory Disclosure Pilot Scheme may not start in the Business and Property Courts of England and Wales (“BPCs”) until 1 January 2019, but it seems the courts are already taking the new rules into account. In one reported case, the High Court has ordered a separate “list of issues for disclosure”, which will have to be jointly completed by the parties as part of the new Disclosure Review Document required under the Pilot Scheme.
Sohrab Daneshku writes for The Law Society Gazette: Witness statements – rip them up and start again?27 November 2018
Sohrab Daneshku has written an article for The Law Society Gazette which discusses the review led by Mr Jutice Popplewell into the rules on witness statements, including whether the rules should be changed and, if so, how.
Major overhaul to disclosure coming: are you ready?23 November 2018
Yesterday our commercial dispute resolution specialists Mark Lim and Paula Barry hosted a discussion about fundamental changes to the disclosure process that are due to come into force on 1 January 2019 as part of a two-year pilot scheme that will run in the Business & Property Courts across England and Wales.
Major overhaul to disclosure coming: are you ready?22 November 2018
Documents win and lose cases. On 1 January 2019, fundamental changes to the disclosure process are due to come into force as part of a pilot scheme in the Business & Property Courts across England and Wales.
Disclosure: avoiding the pitfalls22 November 2018
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.
The Disclosure Pilot Scheme22 November 2018
The Civil Procedure Rule Committee has approved a new Practice Direction which sets down rules for a mandatory disclosure pilot scheme. It will run for two years in the Business and Property Courts in England and Wales, starting on 1 January 2019. This guide provides a general introduction to the changes, highlights the main points you need to know, and offers some practical tips.
Andrew Wanambwa writes for FT Adviser: Unexplained Wealth Orders15 November 2018
In an article for FT Adviser, Andrew Wanambwa discusses the powerful new weapon in the armoury of enforcement agencies, unexplained Wealth Orders (UWOs).
Out of court appointments of administrators: a return to reason13 November 2018
When appointing administrators out of court, there is requirement to specify the date and time the appointment is made. This is a development arising since April 2017 as a result of the Insolvency Rules 2016 coming into force. Given that appointments are generally effective at the point of filing, it has been unclear how (absent a crystal ball) practitioners should address the requirement when preparing the Notice of Appointment form. A recent High Court decision resolves the issue, confirming that a notice making reference to a future filing is acceptable.