Corporate recovery, restructuring & insolvency

Insolvency Lawyers

In recent times we have seen unprecedented disruption to businesses, with many still struggling with the effects of the disruption and changes to the way we live and work. This, combined with other economic and sociopolitical factors means that we are entering an uncertain time for our economy. There is mounting financial pressure on businesses as they contend with this uncertainty.

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The retail world has clearly been significantly impacted, with CVAs becoming increasingly prevalent. Dealing with circumstances related to financial distress can be extremely difficult from a business and personal perspective be you a debtor or a creditor.

Whether you are looking to restructure your current operations or seeking guidance on insolvency, you need to work closely with specialist insolvency lawyers to devise an innovative strategy which will protect your interests and maximise the economic outcome of your situation. Whilst we cannot predict or control outside events, our insolvency lawyers can help you plan how best to protect your businesses and any personal liability you could face.

Corporate Recovery

Our Corporate Recovery & Restructuring lawyers work with financial institutions, insolvency funders, private equity houses and turnaround professionals, insolvency practitioners and businesses and individuals across a range of different industries. We have substantial experience working with Boards to guide them through difficult trading periods. We work with cash flows to deal with creditors in the best way for all, including negotiation and drafting appropriate standstills. We also work for officeholders and litigation funders, always striving to maximise returns for creditors.

We fully integrate with your team, building up a thorough understanding of your business and your commercial position. We will then guide you through the potential opportunities and risks and work collaboratively with you to develop a pragmatic and commercially focused strategy tailored to your business. Our team is constantly striving to find new and more effective solutions for our clients and is committed to delivering the best possible results.

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Services

We support our clients with individually tailored legal advice, in areas such as:

Click an area of focus above for more information.

Make an enquiry Turnaround and restructuring

We have wide and varied experience of all aspects of turnaround and restructuring over many financial crises whether acting for creditor groups, restructuring practitioners or working with the board through the process, providing them with protection and comfort they need through the difficult times. We were at the front end of restructuring in the Covid 19 crisis working to mothball companies during the lockdowns and planning the exit strategy including CVAs and Schemes of Arrangement to avoid overtrading.

We were at the front end of restructuring in the Covid 19 crisis working to mothball companies during the lockdowns and planning the exit strategy including CVAs and Schemes of Arrangement to avoid overtrading

 

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Make an enquiry Administrations

We regularly act for administrators, advise directors on putting their company into administration and assist creditors of companies which have gone into administration, particularly landlords.

Our insolvency lawyers advise companies on the accelerated M&A process and administrators on the many issues trading the business of insolvent companies and on selling the businesses whether via a pre-pack or following a period of extensive marketing through the trading period.

 

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Make an enquiry Buying businesses from administrators and liquidators

As well as selling the businesses and assets of insolvent companies for administrators we act for entrepreneurs and investors  (ranging from high net worth individuals looking to diversify their investments to venture capital and private equity firms) in buying businesses from administrators and liquidators.

 

 

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Make an enquiry Compulsory and voluntary liquidations

Our insolvency lawyers regularly advise liquidators, directors, shareholders and creditors on all issues relating to compulsory and voluntary liquidations, including solvent liquidations (MVLs).

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Make an enquiry Insolvency litigation both for and against insolvency practitioners

We regularly act on Insolvency Act and ‘breach of duty’ claims by liquidators and administrators; we also advise directors threatened with such claims.

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Make an enquiry Bankruptcy

Personal bankruptcy often involves complex and contentious legal issues, especially when it concerns international debtors, creditors, lenders, assets and financial structures. Our partner-led team has the expertise to help you tackle these challenges. We advise the full range of stakeholders including trustees in bankruptcy, debtors and their families, creditors and anyone involved with or exposed to the personal insolvency process.

Find out more.

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Make an enquiry Directors’ disqualification proceedings

We have considerable experience of advising directors threatened with disqualification proceedings. We regularly defend such proceedings, negotiate the terms of disqualification undertakings and act on applications for permission to be a director while disqualified.

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Make an enquiry Unfair prejudice proceedings

Our insolvency lawyers regularly act in shareholder disputes and often advise minority shareholders unhappy with the way a company is being run on their rights and remedies. We are very experienced in these disputes which can be as bitter as a divorce, particularly with family companies (often following a bereavement or arising during succession planning)

and between former friends who went into business together and we have the patience and the insights and experience to steer the parties to a successful outcome, most frequently through mediation.

 

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Make an enquiry Security Reviews

Having worked in Insolvency and restructuring for so long (our Team’s experience goes back to 1980) we are expert and analysing often complex security and priority arrangements affecting companies and members of the security group.

This is of particular importance for boards, investors and funders considering any form of restructuring, and to administrators and liquidators who need to know how to deal with assets in their control which may be subject to fixed or floating charges.

 

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    Corporate recovery, restructuring & insolvency key contacts

      Latest content and downloads

      Check out our latest content and downloads View all our downloads

      Thirty minutes free legal advice

      Corporate Recovery, Insolvency & Restructuring Helpline

      Following fast on the heels of the disruption caused by the pandemic, businesses are now having to cope with:

      • the effects of the War in Ukraine
      • the cost of energy and raw materials
      • the hike in the cost of borrowing,
      • as well as the current currency turmoil causing a further unforeseen hike in the costs of imports and the lowering of real value in exports.

      The benefit of the reduction in Corporation Tax is too far ahead to provide any immediate cash flow assistance. To support clients during these challenging times, we are providing access to a Corporate Recovery, Insolvency & Restructuring Helpline.

      Our team of specialist corporate recovery, restructuring and insolvency lawyers are on-hand to provide thirty minutes of free legal advice to help those businesses needing guidance.

      Contact the team

      Recent experience

      • We advised a large commercial landlord on its rights and options after it was served with House of Fraser’s CVA proposal. House of Fraser’s CVA, which was approved by creditors in June 2018, included plans to close 31 of its 59 UK and Ireland stores, and reduce rent on stores remaining open. The landlords argued that they were being unfairly prejudiced by the CVA process and challenged its approval before later reaching a settlement with the company.

        CORPORATE RECOVERY, RESTRUCTURING & INSOLVENCY

        Landlord advice following retail tenant CVA

        Gavin KramerSenior Associate

        Case study

        We advised a large commercial landlord on its rights and options after it was served with House of Fraser’s CVA proposal. House of Fraser’s CVA, which was approved by creditors in June 2018, included plans to close 31 of its 59 UK and Ireland stores, and reduce rent on stores remaining open. The landlords argued that they were being unfairly prejudiced by the CVA process and challenged its approval before later reaching a settlement with the company.

        Read more

      • We are acting on a fraudulent trading and misfeasance claim against a director who caused his company to incur over £250,000 of professional fees on a speculative property development despite the company having no funds, no bank account, no loan facility and capital of precisely £1. The claim was acquired from the company’s liquidators by Manolete Partners plc.

        CORPORATE RECOVERY, RESTRUCTURING & INSOLVENCY

        Fraudulent trading and misfeasance claim

        Gavin KramerSenior Associate

        Case study

        We are acting on a fraudulent trading and misfeasance claim against a director who caused his company to incur over £250,000 of professional fees on a speculative property development despite the company having no funds, no bank account, no loan facility and capital of precisely £1. The claim was acquired from the company’s liquidators by Manolete Partners plc.

        Read more

      • We recently  advised two (unconnected) high-net worth individuals with complex off-shore interests who were/ are defending bankruptcy petitions. In the first case, we were able to negotiate a dismissal of the petition by consent in return for a payment of about 8% of the debt (which was £4m) after persuading the petitioning creditor that the lack of UK assets in the client’s name meant his bankruptcy would lead to a much lower recovery. The other case is still ongoing.

        CORPORATE RECOVERY, RESTRUCTURING & INSOLVENCY

        High-net worth individuals with complex off-shore interests defending bankruptcy petitions

        Gavin KramerSenior Associate

        Case study

        We recently  advised two (unconnected) high-net worth individuals with complex off-shore interests who were/ are defending bankruptcy petitions. In the first case, we were able to negotiate a dismissal of the petition by consent in return for a payment of about 8% of the debt (which was £4m) after persuading the petitioning creditor that the lack of UK assets in the client’s name meant his bankruptcy would lead to a much lower recovery. The other case is still ongoing.

        Read more

      Corporate recovery, restructuring & insolvency latest updates
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      Related content

      Corporate recovery, restructuring & insolvency

      Corporate recovery, restructuring & insolvency

      Insolvency Lawyers

      In recent times we have seen unprecedented disruption to businesses, with many still struggling with the effects of the disruption and changes to the way we live and work. This, combined with other economic and sociopolitical factors means that we are entering an uncertain time for our economy. There is mounting financial pressure on businesses as they contend with this uncertainty.

      Read more

      The retail world has clearly been significantly impacted, with CVAs becoming increasingly prevalent. Dealing with circumstances related to financial distress can be extremely difficult from a business and personal perspective be you a debtor or a creditor.

      Whether you are looking to restructure your current operations or seeking guidance on insolvency, you need to work closely with specialist insolvency lawyers to devise an innovative strategy which will protect your interests and maximise the economic outcome of your situation. Whilst we cannot predict or control outside events, our insolvency lawyers can help you plan how best to protect your businesses and any personal liability you could face.

      Corporate Recovery

      Our Corporate Recovery & Restructuring lawyers work with financial institutions, insolvency funders, private equity houses and turnaround professionals, insolvency practitioners and businesses and individuals across a range of different industries. We have substantial experience working with Boards to guide them through difficult trading periods. We work with cash flows to deal with creditors in the best way for all, including negotiation and drafting appropriate standstills. We also work for officeholders and litigation funders, always striving to maximise returns for creditors.

      We fully integrate with your team, building up a thorough understanding of your business and your commercial position. We will then guide you through the potential opportunities and risks and work collaboratively with you to develop a pragmatic and commercially focused strategy tailored to your business. Our team is constantly striving to find new and more effective solutions for our clients and is committed to delivering the best possible results.

      Make an enquiry

      View the team

      We support our clients with individually tailored legal advice, in areas such as:

      Turnaround and restructuring

      We have wide and varied experience of all aspects of turnaround and restructuring over many financial crises whether acting for creditor groups, restructuring practitioners or working with the board through the process, providing them with protection and comfort they need through the difficult times. We were at the front end of restructuring in the Covid 19 crisis working to mothball companies during the lockdowns and planning the exit strategy including CVAs and Schemes of Arrangement to avoid overtrading.

      We were at the front end of restructuring in the Covid 19 crisis working to mothball companies during the lockdowns and planning the exit strategy including CVAs and Schemes of Arrangement to avoid overtrading

       

      Administrations

      We regularly act for administrators, advise directors on putting their company into administration and assist creditors of companies which have gone into administration, particularly landlords.

      Our insolvency lawyers advise companies on the accelerated M&A process and administrators on the many issues trading the business of insolvent companies and on selling the businesses whether via a pre-pack or following a period of extensive marketing through the trading period.

       

      Buying businesses from administrators and liquidators

      As well as selling the businesses and assets of insolvent companies for administrators we act for entrepreneurs and investors  (ranging from high net worth individuals looking to diversify their investments to venture capital and private equity firms) in buying businesses from administrators and liquidators.

       

       

      Compulsory and voluntary liquidations

      Our insolvency lawyers regularly advise liquidators, directors, shareholders and creditors on all issues relating to compulsory and voluntary liquidations, including solvent liquidations (MVLs).

      Insolvency litigation both for and against insolvency practitioners

      We regularly act on Insolvency Act and ‘breach of duty’ claims by liquidators and administrators; we also advise directors threatened with such claims.

      Bankruptcy

      Personal bankruptcy often involves complex and contentious legal issues, especially when it concerns international debtors, creditors, lenders, assets and financial structures. Our partner-led team has the expertise to help you tackle these challenges. We advise the full range of stakeholders including trustees in bankruptcy, debtors and their families, creditors and anyone involved with or exposed to the personal insolvency process.

      Find out more.

      Directors’ disqualification proceedings

      We have considerable experience of advising directors threatened with disqualification proceedings. We regularly defend such proceedings, negotiate the terms of disqualification undertakings and act on applications for permission to be a director while disqualified.

      Unfair prejudice proceedings

      Our insolvency lawyers regularly act in shareholder disputes and often advise minority shareholders unhappy with the way a company is being run on their rights and remedies. We are very experienced in these disputes which can be as bitter as a divorce, particularly with family companies (often following a bereavement or arising during succession planning)

      and between former friends who went into business together and we have the patience and the insights and experience to steer the parties to a successful outcome, most frequently through mediation.

       

      Security Reviews

      Having worked in Insolvency and restructuring for so long (our Team’s experience goes back to 1980) we are expert and analysing often complex security and priority arrangements affecting companies and members of the security group.

      This is of particular importance for boards, investors and funders considering any form of restructuring, and to administrators and liquidators who need to know how to deal with assets in their control which may be subject to fixed or floating charges.

       

      Make an enquiry

      Recent experience

      • office complex

        Case study

        Landlord advice following retail tenant CVA

        We advised a large commercial landlord on its rights and options after it was served with House of Fraser’s CVA proposal. House of Fraser’s CVA, which was approved by creditors in June 2018, included plans to close 31 of its 59 UK and Ireland stores, and reduce rent on stores remaining open. The landlords argued that they were being unfairly prejudiced by the CVA process and challenged its approval before later reaching a settlement with the company.

      • busy street

        Case study

        Fraudulent trading and misfeasance claim

        We are acting on a fraudulent trading and misfeasance claim against a director who caused his company to incur over £250,000 of professional fees on a speculative property development despite the company having no funds, no bank account, no loan facility and capital of precisely £1. The claim was acquired from the company’s liquidators by Manolete Partners plc.

      • Commercial_disputes

        Case study

        High-net worth individuals with complex off-shore interests defending bankruptcy petitions

        We recently  advised two (unconnected) high-net worth individuals with complex off-shore interests who were/ are defending bankruptcy petitions. In the first case, we were able to negotiate a dismissal of the petition by consent in return for a payment of about 8% of the debt (which was £4m) after persuading the petitioning creditor that the lack of UK assets in the client’s name meant his bankruptcy would lead to a much lower recovery. The other case is still ongoing.

      View all insights

      PREV NEXT

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