Liquidation


Liquidation is the process whose purpose is to wind up the business of a company.

Liquidation can be either voluntary, entered into by a company, or compulsory, following an order made after a winding up petition has been issued. The effect on the company, however, is the same.

We specialise in acting for liquidators in the investigation and pursuit of claims for the recovery of assets into the company.

Recent examples in this field include:

  • Acting for a liquidator in a very substantial claim in misfeasance, wrongful trading, preference and illegal dividends against its former directors and shadow directors in which a successful recovery was made.
  • Recovering substantial sums for a company paid after the issuing of a winding up petition when no validation order was obtained.
  • Acting for a liquidator and the recovery of sums paid to preference shareholders in breach of the Companies Act 2006.
  • Investigating various claims and money transfers following the collapse of an international jewellery company.
  • Acting for liquidators in claiming against banks whereby the bank has allowed company monies to pass through accounts not in the name of the company, in breach of duty.

The insolvency team has a wealth of real experience in handling these claims and we work in collaboration with our clients to secure the best outcome.

We also act for those defending such claims and have succeeded on a number of such defences. If you are the subject of such claims, the team at Short Richardson & Forth, subject to a conflict check, is happy to discuss and advise on your defence, including defending your position at trial should proceedings be issued.