Working closely with our market-leading restructuring and business advisory team, our contentious insolvency team has a wealth of experience acting for office holders, directors and creditors in the range of disputes that arise where businesses and individuals face financial distress.
Our experience includes:
- disputed insolvency proceedings including contested liquidation/winding up proceedings and provisional liquidation appointments;
- director misconduct investigations and director disqualification proceedings;
- public interest winding up proceedings;
- personal and corporate guarantee enforcement;
- personal bankruptcy proceedings; and
- acting for various stakeholders in litigation arising from administration, liquidation and receivership appointments including:
- reviewing and challenging pre-insolvency transactions, including transactions at undervalue/gratuitous alienation and unfair preference claims;
- valuation and adjudication of claims/proofs submitted in formal insolvency proceedings;
- directors’ loan claims;
- breach of fiduciary duty/misfeasance claims against former directors/shadow directors;
- wrongful and fraudulent trading risk and claims;
- challenges to unlawful dividend payments;
- professional negligence claims arising in the insolvency context; and
- fraud litigation;
We are experienced in working with directors and officers (D&O) liability insurers and in funded litigation and can discuss with you the various options available to help finance contested insolvency proceedings, including assignment of claims and various insurance options to mitigate litigation risk.
We work closely with our in-house solicitor advocates and with external Counsel to ensure the very best representation in court.
We are also experienced in mediation and alternative dispute resolution (ADR) to help achieve commercial and cost-effective outcomes.