Insolvency


Insolvency is essentially where the assets of a business or an individual are worth less than the liabilities.

Our insolvency team have experience of all the nuances that the various insolvency processes bring with them. Because of its often disparate associations with other legal fields it is critical that any insolvency advice is given with an understanding of the bigger legal picture.

For insolvency practitioners, our team provides a specialist legal partner. Our approach is one of collaboration – working with you as part of your team to achieve the goals of your appointment. We have extensive experience advising throughout all the different facets of insolvency law. We provide partner-lead advice to achieve maximum return for the best value for creditors. We are happy to take on nil asset cases in appropriate circumstances and have a very flexible view on the funding of cases, including the use of appropriately structured conditional fee agreements, damages based agreements and insurance policies.

Acting on behalf of debtors, we can ensure that the insolvency procedure provides closure on the situation as well as ensuring that all statutory procedure is carried out efficiently and effectively to mitigate the potential for legal challenge going forward.

We also represent directors of insolvent companies in relation to claims brought against them by insolvency practitioners acting as administrators and liquidators. Directors are those with first-hand knowledge of the activities of the business prior to insolvency, such knowledge being key to the successful defence of claims by insolvency practitioners.

On the non-contentious side of insolvency, with our awareness of the big picture, the various formal and informal insolvency procedures can be utilised as a strategic tool to restructure and rescue businesses in financial difficulties.