Corporate Insolvency

Our corporate insolvency solicitors act for company insolvency. Acting for directors facing insolvency proceedings by creditors or insolvency claims by liquidators.

We can assist at all stages of a corporate insolvency matter, whether it be prior to proceedings being commenced e.g. a Statutory Demand or a Letter of Claim has been received, or following a Winding Up Petition being presented at Court, or following a Winding Up Order being obtained.

We are able to provide advice and assistance in regards to the full range of corporate insolvency disputes. Below is an example of our experience:-

  • Advising businesses at the outset of corporate insolvency proceedings, to devise a tailored strategy going forward.
  • Acting on behalf of companies and it’s directors in respect of claims brought by Corporate Insolvency Practitioners, Official Receivers or Liquidators that have arisen from the insolvency. There are many actions that can be taken against directors personally. Claims include for wrongful or fraudulent trading, misfeasance (breach of duty) including negligence, unlawful dividends, preferences and transactions at an undervalue.
  • Advising companies that have received a Statutory Demand or some form of notice of intended insolvency proceedings. This usually results in us either seeking to set aside the Statutory Demand, issuing Injunction proceedings, or negotiating a settlement to avoid Court proceedings.
  • Defending Winding Up Petitions presented at Court by creditors by seeking adjournments of the Petition so to dispute the underlying debt, with a view of ultimately seeking the Petition’s dismissal and avoiding the company’s winding up.
  • Advising the company and it’s directors on the insolvency options available, in situations when it is more beneficial or necessary to take proactive voluntary insolvency steps. These may include Company Voluntary Arrangements (CVAs) or Members Voluntary Arrangements (MVAs) or Administration. Often, such vehicles are much more beneficial for a company and it’s directors than allowing the company to be compulsorily wound up by creditors.
  • Advising companies and directors on any claims, counterclaims or set off claims they may have.
  • Advising directors in respect of director disqualification proceedings under the Company Director Disqualification Act 1986.
  • Advising Insolvency Practitioners, creditors and Liquidators in respect of claims that they may have against an insolvent company or directors.
  • Advising struggling companies on their duties, responsibilities, liabilities and risks presented by insolvency. Taking timely advice can avoid serious issues later on. We have published a short article on our website that highlights some of the risks that struggling companies face in this regard.
  • Acting on behalf of companies and creditors wishing to purchase assets, goodwill and trading names from insolvent companies and, where necessary, creating new companies to from which to trade.

Our expert corporate insolvency solicitors act closely with specialist Barristers, Tax Advisors and Accountants to ensure that you have the best chances of achieving a successful outcome.

We understand how devastating insolvency issues can be to a company and our corporate insolvency solicitors look to act as quickly and effectively as possible so to limit the damage to a company and its directors.

Our Experts

Caroline Palacio

Senior Associate Solicitor and Head of Insolvency & Business Recovery

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Neil Cook

Partner, Solicitor & Head of Business Services

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William Fox Bregman

Partner, Solicitor & Head of Banking and Finance Litigation

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Paul Kanolik

Partner & Solicitor

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Damon Watt

Senior Associate Solicitor

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Maria Evans

Associate Solicitor

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Bethanie Watson

Associate Solicitor

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Emma Bowditch

Junior Paralegal

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Ellie Sherriff

Personal Assistant

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Here to help

Our specialist teams can provide full service legal advice and assistance, providing practical and cost-effective solutions.

Our offices

Bournemouth
302 Charminster Road Bournemouth Dorset BH8 9RU
01202 525333 Contact
London
Office 309 107 – 111 Fleet Street London EC4A 2AB
02039 784720 Contact
Poole
14a Haven RoadCanford Cliffs, Poole Dorset BH13 7LP
01202 709898 Contact
Ringwood
Monmouth Court Southampton Road, Ringwood Hampshire BH24 1HE
01425 484848 Contact
Swanage
55 High Street Swanage Dorset BH19 2LT
01929 422233 Contact
Wimborne
39a East Street Wimborne Dorset BH21 1DX
01202 057676 Contact