Contentious Insolvency

Working closely with our Restructuring Team, we advise insolvency practitioners as well as companies, directors, shareholders and creditors in relation to a range of contentious insolvency related matters.  These include the following:

  • advising on the duties of directors of insolvent and distressed companies
  • pursuing and defending winding up and bankruptcy proceedings
  • acting in injunctive proceedings to restrain insolvency proceedings
  • acting in claims and potential claims against directors of insolvent companies
  • acting in proceedings for the just and equitable winding up of companies pursuant to Section 122(1)(g) of the Insolvency Act 1986

Recent Experience

  • On behalf of the administrators of a group of companies, obtaining a series of proprietary and freezing orders against former directors and third-party companies, to prevent the disposal of land and other assets acquired by the third-party companies from the group companies. The land and assets were acquired at an undervalue, due to breaches of duty by group company directors.
  • Representing a creditor in a Cayman Islands insolvency of a limited partnership involving an investigation conducted by the liquidators as to potential claims to be brought against those with conduct of the affairs of the limited partnership.
  • Obtaining winding up and bankruptcy orders against numerous debtors.
  • Advising the administrators of a company regarding a secured bank creditor’s claim concerning an alleged misrepresentation on a prior debt / equity conversion.
  • Representing the ultimate stakeholder of a group of companies in his capacity as personal guarantor when facing demands and, ultimately, bankruptcy petitions from HMRC and other creditors.
“Tamar Halevy is an excellent litigator”
Legal 500 2021
”Jim Mackie has seen it all and is unflustered by anything the other side might raise”
Legal 500
“Brett Israel turns around work very quickly, and is an excellent leader of his team. There is never a wasted moment in his cases”
Legal 500 2021