Insolvency

Our commercial dispute lawyers are experts in resolving insolvency disputes. We advise clients throughout the South West and beyond on the best strategies to resolve disputes involving insolvency across a range of sectors and business types.

We understand that insolvency can be complex and extremely stressful, involving multiple parties and strong emotions. Our aim is always to take the heat out of the situation, help you understand your options, clarify your objectives and then plot the best legal pathway to achieving them.

We provide expert legal advice tailored to the unique needs and commercial dynamics of companies and individuals facing insolvency challenges. Our dedicated team will help you navigate the entire process, develop pragmatic solutions and provide strategic guidance to help you achieve the best possible outcome. We also advise companies and individuals making claims against insolvent companies, helping them to maximise recovery in what can be very challenging circumstances.

Working closely with our colleagues in our Corporate & Commercial, Commercial Property, Employment, and Rural teams, as well as a range of specialist third-party experts, including accountants, tax advisors and insolvency practitioners, we will develop a comprehensive approach to your insolvency dispute.

Our insolvency experts advise on a wide range of disputes, including:

• Corporate insolvency
  • Administration
  • Company Voluntary Arrangements (CVAs)
  • Liquidation
  • Winding up
  • Pre-packs
  • Claims against insolvent companies – we assist creditors in pursuing their claims against insolvent companies, employing effective strategies to maximise recovery.
• Directors and insolvency
  • Directors’ duties – we advise directors on their duties and responsibilities during insolvency situations, helping them navigate potential liabilities and avoid disqualification.
  • Directors’ disqualification – our team provides robust defence and representation for directors facing disqualification proceedings, protecting their rights and reputation.
• Personal insolvency
  • Bankruptcy orders – we guide individuals through the bankruptcy process, ensuring their rights are protected and advising on the impact on their assets and finances.
  • Individual Voluntary Arrangements (IVAs) – we assist individuals in formulating and implementing IVAs, providing effective solutions for managing debt and avoiding bankruptcy.
  • Debt Relief Orders and Debt Management Plans – our team helps individuals explore alternative options for managing debt, providing tailored advice and support.
• Partnership insolvency
  • We assist in resolving insolvency issues specific to various partnership structures, ensuring the rights and interests of partners are protected.

Insolvency dispute approaches

In many insolvency disputes, an alternative dispute resolution (ADR) method such as mediation, expert determination or arbitration, may be the best approach. Our team is highly skilled in all forms of ADR and has used these methods to achieve positive outcomes for clients across a range of disputes and sectors.

However, inevitably, some cases will require court proceedings and when they do, our commercial litigators have the skills and experience to be as robust and aggressive as is required to achieve the best outcomes for your business. Our team has a track record of success in handling complex cases, and we have been involved in notable cases reported in law reports, including disputes involving fiduciary duties and successful costs appeals.