Contentious Insolvency & Investigations

Our Insolvency and Restructuring team specialises in every aspect of fraud, asset recovery and contentious insolvency issues.

Our expert lawyers regularly draft, issue and prosecute bankruptcy and winding up proceedings, assist in the drafting of both in and out of Court administration appointments, provide assistance and advice in respect of voting strategy at creditors’ meetings and represent clients on liquidation / creditor committees.

Once insolvency proceedings have commenced we act in both funded and speculative cases – on a conditional fee agreement basis (“no win no fee”) – for insolvency practitioners in investigating and bringing proceedings under the Insolvency Act against both directors and third parties. These investigations are wide ranging – from assisting in asset tracing exercises to piecing together information in order to recreate books and records where they have been lost or destroyed. This often involves the use of freezing or other targeted injunctions.

Our Insolvency and Restructuring team issues proceedings for wrongful and fraudulent trading, in respect of transactions at undervalue and voidable preferences, for breach of duty / misfeasance, unlawful dividends and has significant experience in breach of trust, fraud, dishonest assistance, and conspiracy to defraud claims. In addition, the team has considerable experience in international asset tracing, recovery of book debts through court proceedings, dealing with retention of title issues, recovering loans from directors and third parties and utilising the full range of Insolvency Act powers to ensure full disclosure and delivery up of assets and documents to the office holder.

The team also has experience in issues concerning directors’ disqualification proceedings and advising recipients of claims or disclosure requests brought by an office holder.

Experience

  • Acting for the liquidators of a company which perpertrated a wine investment fraud in bringing claims against directors and third parties.
  • Acting for a Trustee in Bankruptcy of a bankrupt with a significant portfolio of properties that is the subject of a trust related ownership dispute in the High Court.
  • Advising liquidators of a construction related company on significant claims against directors and the former administrators.
  • Acting for liquidators of companies that perpertrated missing trader intra-community fraud ("MTIC" or "carousel" fraud) and of companies involved in VAT avoidance schemes.