Insolvency disputes
Resolving complex and fast moving disputes within distressed situations can be stressful. Our experienced insolvency dispute lawyers can provide tailored advice to assist you in bringing or defending a claim.
Disputes arising from insolvencies can be complex, impacting many stakeholders. Our litigation lawyers are specialists in contentious insolvency work. We can expertly help you navigate the situation offering straightforward and timely legal advice. If you or your business are facing financial difficulties, our insolvency lawyers can build an effective strategy that minimises and resolves potential disputes.
Our insolvency dispute services include:
- Directors’ duties advice
- Office holder claims
- Breaches of directors’ duties (misfeasance)
- Claims for repayment of director’s loan accounts and unlawful dividends
- Recovery of assets into the insolvency estate (antecedent transactions)
- Wrongful or fraudulent trading
- Creditor claims, including representation at creditors’ meetings
- Enforcement of security
- Director disqualification
- Bankruptcy proceedings
- Winding-up proceedings
Who we work with
Our insolvency dispute solicitors work with distressed businesses, shareholders and directors, insolvency practitioners, banks and financial institutions, landlords, private equity firms, funds and other creditors. We will help make or defend against a claim, achieving the best outcome for you.
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Our insolvency disputes experience
Advised two major landlords in connection with the impact of their tenant’s ongoing Chapter 11 insolvency proceedings in the Unites States, on their leasehold obligations in respect of two substantial cinema leases.
Defended a winding up petition presented by HMRC for unpaid tax. Secured a 13-week adjournment to allow VAT Returns to be filed and the level of tax payable re-assessed. The parties reached an agreement resulting in the withdrawal of the winding up petition.
Crowe UK LLP / Betteshanger Sustainable Park Limited
Representing joint liquidators in an appeal against the rejection of a creditor claim of over £1 million relating to a construction project.
Green Box Recycling Kent Limited / Richard Monks
Acting for joint Defendants in a claim for breach of director’s duties and knowing receipt relating to the wrongful diversion of business and assets to another company.
Acting for private members’ club The Conduit on a winding-up petition presented by its landlord at the start of the pandemic, and associated restructuring advice.
Related thinking
Rare relief: Compensation order made against disqualified director
Court of appeal provides guidance on phoenix syndrome
One step on from Sequana – what more have we learned after Hunt v Singh [2023] EWHC 1784 (Ch)?
Government information hub for company directors
Duties and responsibilities of directors
Insolvency Service winds up 11 companies involved in BBL fraud
Insolvency claims: getting the basics right (part 1)
Tough times for directors who abused the pandemic financial support schemes
Litigating sustainably – the Greener Litigation Pledge
Will the proposed Companies House reforms under the Economic Crime and Corporate Transparency Bill be fit for purpose?
Contact us
If you have a question or need advice, please let us know how we can help.
