Insolvency litigation

From a company’s perspective, we can assist you to:

• defend insolvency proceedings brought in respect of a disputed debt or which constitute a clear attempt to frustrate existing proceedings already underfoot;
• defend attempts by shareholders to close the the company down via a just and equitable winding up application or pursuant to an unfair prejudice petition;
• object to the appointment of an administrator or an administrative receiver;
• apply to the court for the adjournment of a winding up petition to enable proposals for a company voluntary arrangement or a company administration to be considered; and
• apply to the court for a validation order to unfreeze the company’s bank accounts following advertisements of a winding up petition.

From a director’s perspective, we can provide:

• advice and support in respect of section 235 or 236 Insolvency Act interviews into the conduct of the company’s affairs;
• advice on the defence of allegations of fraudulent or wrongful trading made against you following the appointment of a liquidator;
• advice on attempts by a liquidator to pursue you for monies said to be owed by virtue of your involvement in or sanctioning of a transaction at an undervalue or a preference; and
• advice on the defence of directors disqualification proceedings.

From a shareholder’s perspective, we can provide advice on:

• the resolution of shareholder disputes, including via the use of a range of insolvency options;
• the recovery of shareholder capital; and
• the defence of attempt to recover dividend payments alleged to have been inappropriately paid.

From an insolvency practitioner’s perspective, we can assist with:

• challenges to your appointment of your handling of the insolvency process;
• breach of fiduciary duties and misfeasance claims against directors;
• company asset preservation through the use of injunctive proceedings, including worldwide freezing order; and
• UK and international asset recovery following a company’s collapse.

We can also help to resolve Centre of Main Interests claims between off-shore companies and UK lenders, in which we have particular expertise.