Insolvency litigation

In an unstable global economy, the risk of insolvency for businesses has never been greater.  Directors, shareholders and creditors all face challenging decisions in difficult times. The need for organisations to have a sharper focus on and a deeper knowledge of insolvency issues is likely to remain for some time to come.

We provide advice which covers all aspects of insolvency disputes. Creditors, debtors, companies facing financial crisis, financial institutions asserting or facing potential claims and insolvency practitioners trust us to handle the most complex and high profile restructurings and corporate collapses.

Our service

Advice to insolvency practitioners
We advise insolvency practitioners on their appointment as administrators, receivers or liquidators of troubled companies. We assist and advise them on issues arising during the conduct of the administration or liquidation including applications to court and possible actions for wrongful trading, preference or transactions at undervalues. We also advise office holders on the terms of liquidation and administration sales including “pre-packs”.

Issues for directors
Directors of troubled companies are often faced with challenging decisions including potentially conflicting interests between the company, its shareholders and its creditors. We provide advice to directors on their duties and responsibilities when their companies are facing an uncertain future and give practical guidance on the steps that should be taken to avoid questions of personal liability.  We are experienced in defending Directors Disqualification proceedings.

Insolvency disputes
We provide advice which covers all aspects of insolvency disputes, from asset investigations and realisations from debtors and delinquent directors on behalf of office holders, to wrongful trading advice to boards of companies and retention of title, asset removal, dividend claims by creditors and defending winding-up petitions.

Financial instruments
We advise banks, collateral managers, investors, funds and other end-users on the closing-out or restructuring of CDOs, SIVs, structured notes, repurchase agreements, securities lending agreements and OTC derivatives, for which the firm is well known.

Bank enforcement and recovery
We are well practised in reviewing loan agreements and security packages on short notice, resolving problems and offering practical advice on successful enforcement strategies.

Property litigation
Our dispute resolution lawyers are highly experienced in dealing with insolvency-related contentious property work. This includes advising landlords on their options on the insolvency of a tenant to maximise the landlord’s options and minimise potential losses.