Insolvency Disputes
We advise on the full range of disputes that can arise when businesses and individuals are in financial distress.

Our Insolvency Disputes team includes specialists in business restructuring, formal insolvency, and litigation (including our in-house Solicitor Advocates). We also frequently work with experienced external Counsel in high-value and complex disputes.

We are experienced in working with directors and officers (D&O) liability insurers, and in funded litigation, and can explore all the options available to help finance proceedings. Sometimes mediation or other alternative methods will achieve the most commercial and cost-effective outcome: we are skilled in those too.

Our experience includes:

Disputed insolvency proceedings, including contested bankruptcy/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
Acting in litigation arising from the appointment of bankruptcy trustees, administrators, liquidators and receivers, 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 and shadow directors
- wrongful and fraudulent trading risk and claims
- challenges to unlawful dividend payments
- professional negligence claims arising in the insolvency context
- fraud litigation

Meet our key contacts

Gillian Carty

Partner and Chair

Senior Associate

Related articles and insights: Insolvency Disputes

25 April 2025

Inaccurate personal data – what approach do the courts take and how do the principles of defamation law help?

Contributor: Ruairidh Leishman

In Pacini v Dow Jones & Co Inc, the court applied principles from defamation law to a data protection claim, to determine the meaning of allegedly incorrect personal data contained within two news articles. The case was the first to consider the single meaning of a statement as a preliminary issue in a claim solely based on data protection and the alleged inaccuracy of personal data.

14 January 2025

Winding up on the rise – practical issues to be considered

Contributor: Gillian Carty

As businesses brace for challenges in 2025, rising costs and an increase in winding-up petitions highlight the issues surrounding unpaid debts. Creditors need to exercise caution, while debtors should promptly communicate any disputes.

18 January 2024

Cracks in the foundations

Contributors:
Iain Drummond, Lindsay Robinson

Contractor insolvency is continuing to dominate the headlines in 2024. Iain Drummond and Lindsay Robinson discuss important tips to help you manage the process carefully.

3 January 2024

Artificial Intelligence (AI) – Guidance for Judicial Office Holders

Contributor: Philip Sewell

New guidance has been outlined for judges to help them navigate the use of AI in their roles.

25 July 2022

The risks of void transactions in insolvency

For any business dealing with a company in financial distress it is important to be alive to the risk that transactions that take place before the company has been wound up can be vulnerable to challenge.

31 January 2022

Prosafe – Scottish courts refuse assistance under UNCITRAL Model Law on Cross-Border Insolvency

Contributor: Hamish Patrick

Writing for International Corporate Rescue, Dr Hamish Patrick, Partner in our banking and finance team, comments on the Scottish courts' refusal of assistance under the UNCITRAL Model Law on Cross-Border Insolvency.

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