Insolvency Disputes

We work closely with our non-contentious insolvency and restructuring team, which includes qualified insolvency practitioners, to ensure that our clients are fully supported in all aspects of corporate or personal insolvency.

Our contentious insolvency lawyers advise office-holders, financial institutions, creditors, directors, debtors and shareholders on all aspects of insolvency disputes, including:

assisting liquidators in the exercise of their statutory evidence gathering powers;
investigating and advising on potential claims, including:
- allegations of fraud and dishonesty;
- wrongful trading;
- preferences;
- director’s loans;
- transactions at undervalue;
- misfeasance/breach of duty; and
- unlawful distribution of dividends.
analysis of claims for the purpose of obtaining litigation funding and insurance;
assignment of claims;
appointment of a provisional liquidator;
court appointed receivers;
intercreditor disputes;
enforcement of security;
personal insolvency, including: statutory demands, set aside applications and bankruptcy petitions; and
cross-border insolvency proceedings and discovery processes.

Recent work

Deloitte

Advising Deloitte as the administrators of Fortuna Fix Limited, involving investigation and pursuit of claims in respect of breach of directors’ duties and shadow directorship issues, including s235/236 applications.

Management consulting company

Advising Teneo in their role as monitor of the Corbin & King Group, including successful opposition of the first court contested moratorium under Part 1A of the Insolvency Act which was introduced in response to Covid-19.

Administrators of Wirecard AG

Advising the administrator of Wirecard AG on seeking a stay of English Court of Appeal proceedings in reliance on German law and the Cross Border Insolvency Regulations post Brexit.

Liquidators in the British Virgin Islands

Advising liquidators in the British Virgin Islands on a successful discovery strategy in support of fraud claims involving Chapter 15 proceedings against 31 financial institutions in the US, as well as related insolvency proceedings in Cyprus and Belize.

Liquidators of an English company

Representing liquidators of an English company in relation to a section 236 application, leading to claims against a former director for dishonest breaches of directors’ duties and fraudulent trading, and against a law firm for dishonest assistance. Obtaining litigation funding in support of such claims.

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