Liquidators and Trustees in Bankruptcy have wide ranging powers to apply to the Court for the delivery up of information that relates to the affairs of the bankrupt…Read More
Insolvency and Restructuring Advice
Our Business Recoveries Team advises clients on a full range of insolvency and restructuring issues.
Corporate clients just want to understand – can we do this / can we use this structure and what are the risks? That enables them to make an informed commercial decision on their strategy.
Our expert insolvency lawyers advise clients from cradle to grave. This begins with looking at the implications or risks of insolvency law when devising corporate vehicles or holding structures, advising on the giving and taking of security through to advice on orderly wind downs, insolvency processes and shareholder disputes.
We also advise clients on the corporate risks of taking particular courses of action, helping them find alternative structures or solutions where necessary. We advise company directors with specific advice throughout the life cycle of a company in respect of their duties to the company, members and creditors.
Our experienced team provides reviews of security held by lenders, advising both lender, corporate and individual clients on the options for placing either themselves or a third party into a formal or informal insolvency process (whether consensually or not), advises insolvency practitioners on the validity of their appointments (and the nature and extent of their duties and powers) and drafts and negotiates sale agreements for administrators.
Working seamlessly with other specialist Wedlake Bell teams, we advise both insolvency practitioners and creditors more generally in relation to any issues arising in the course of an insolvency process.
With our international experience we also advise on cross border and jurisdictional issues.
- Advising corporate and individual clients on insolvency issues of structuring and restructuring their affairs;
- Advising corporate and individual clients in giving and taking security;
- Advising corporate and individual clients on insolvency risks;
- Advising directors on their duties under the Companies Acts and Insolvency Act;
- Advising lenders and creditors in respect of insolvency options for recovery;
- Advising borrowers and debtors in respect of insolvency issues and proceedings;
- Advising insolvency practitioners in respect of the validity of their appointment;
- Advising insolvency practitioners in respect of the use of their powers and matters arising in the course of their appointment (such as trust claims, remuneration, set off, SIP 16);
- Acting for creditors where a debtor is entering an insolvency process;
- Acting for insolvency practitioners and buyers during the sale of the business and assets in an insolvency situation;
- Advising suppliers and insolvency practitioners on all aspects of retention of title (ROT) or trust claims.
- Advising the directors of a property developer client who wished to streamline their holding structures without falling foul of their duties under the Companies Acts or the Insolvency Act;
- Advising a pension fund in respect of their rights and remedies against an insolvent participating employer in default for circa £150m;
- Provision of urgent advice and successful making of an application for a wide ranging validation order which saved a well-known and historic company from imminent failure;
- Advising a property client in respect a CVA proposal by their tenant and whether they were unfairly prejudiced by its terms;
- Advising an administrator in relation to his appointment and the subsequent sale of IP rights in specialised cricket equipment;
- Advising administrators in relation to their appointment and subsequent sale of the business and assets of a solar power technology company providing innovative, sustainable and portable energy supplies for wireless electronic devices, securing the jobs of 42 employees;
- Advising liquidators on the most appropriate way to protect themselves and the company from liability as a result of the assignment of certain causes of action and conduct of ongoing proceedings.
23 Sep, 2016
12 Aug, 2016
18 Dec, 2015
The Minister of State for Civil Justice has announced that the LASPO exemption of insolvency litigation will come to an end on 1 April 2016.Read More
09 Jul, 2015
This article considers the Small Business Enterprise and Employment Act 2015 (the Act) and the measures the Act is due to implement, with a particular focus on directors'…Read More
24 Dec, 2014
The Small Business, Enterprise and Employment Bill, which is currently at the Committee Stage in the House of Lords, looks set to introduce a number of measures…Read More
17 Oct, 2014
17 Oct, 2014
This article considers how an LLP can enter into administration if there is no LLP agreement governing how the members put an LLP into administration.Read More
18 Sep, 2014
18 Sep, 2014
Despite significant lobbying from R3, it looks very much like the government are not going to extend the exemption afforded to insolvency claims allowing the office…Read More
02 May, 2014
18 Feb, 2014
In the case of Hunt (Liquidator of Ovenden Colbert Printers Limited) v Hosking  EWCA Civ 1408 the Court of Appeal held that a payment of company money made…Read More
11 Jul, 2013
28 Apr, 2012
In its recent decision in Lehman Brothers International (Europe)(in administration)* the Supreme Court resolves the uncertainty where a regulated firm does not properly…Read More
29 Jan, 2012
In its recent decision in Re Kaupthing Singer and Friedlander*, the Supreme Court clarifies the interrelationship between the rule against double proof and the rule…Read More
07 Apr, 2011
In the recent case of BNY Corporate v Eurosail1*, the Court of Appeal for the first time considered how the ‘balance sheet’ test of corporate insolvency in section…Read More