Business /

Corporate recovery, restructuring & insolvency

Helping you plan how best to protect your businesses

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.

Make an enquiryMeet the teamCorporate recovery, restructuring & insolvency

  • Key contact

    Robin Henry

    Robin Henry

    Partner - Head of Dispute Resolution Services

    ArrowView profile

  • The Team

    Our lawyers have the expertise and experience to provide you with creative, personalised solutions in a clear and understandable way.

    ArrowMeet the team

  • Our Publications

    Discover a wealth of invaluable guidance in the form of guides and brochures written by our expert lawyers.

    ArrowSee our downloads

  • Our insights

    Discover the latest insights and thought leadership from our team of legal experts.

    ArrowFind out more

About

Working together to protect your interests

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.

Corporate recovery, restructuring & insolvency work highlights

businessman
Coronavirus: Furlough Leave - Updated Government Guidance
Swiss flag on a boat
empty office meeting room
court-ruling
Employment lawyers
students in a classroom
Modern glass building

Acting against the director of a company in liquidation

We acted on a £4.5m claim under the Insolvency Act 1986 against the director of a company in liquidation. The claim was successfully resolved through ADR.

Acting against the improper use of tax-avoidance schemes

We acted on a claim against directors for the improper use of tax-avoidance schemes.

Acting in a multi-million international arbitration

We advised a foreign company facing claims for a share of its recovery in a multi-million international arbitration.

Acting on a substantial debt-recovery claim

We acted on a substantial debt-recovery claim against a Swiss company, including dealing with service out of the jurisdiction and issues arising under Swiss law.

Acting on a wrongful trading claim

We acted on a wrongful trading claim seeking damages in excess of £6m.

Advising family members of the director of an offshore company in liquidation

We advised family members of the director of an offshore company in liquidation on dealing with enquiries from the liquidator. This involved dealing with cross-border insolvency issues and responding to threats made to examine the family members in court.

Advising on a claim for fraudulent trading

We acted on a claim for fraudulent trading, dishonest assistance, knowing receipt, unjust enrichment and breach of director’s duty valued at £12m. This included obtain freezing injunctions against two of the defendants and successfully opposing an application by one of them to set aside the freezing injunction.

Advising on a CVA in the health sector

We advised on the CVA (company voluntary arrangement) of a high-profile chain providing medical services. This included advising on voting, the conduct of a highly contentious creditors’ meeting, complex creditor claims and a variation of the CVA’s terms.

Advising on the administration of a special needs school

We advised on the administration of a long-established special needs school. This involved the sale of a valuable property and advice to the school’s trustees regarding the correct application of the surplus proceeds.

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.

Jump to the top of the Corporate recovery, restructuring & insolvency page

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.

Corporate recovery, restructuring & insolvency insights

View all insights

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Need some more information? Make an enquiry below



    Corporate recovery, restructuring & insolvency key contacts

    Corporate recovery, restructuring & insolvency

    Corporate recovery, restructuring & insolvency

    Corporate recovery, restructuring & insolvency

    Helping you plan how best to protect your businesses

    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.

    • Key contact

      Robin Henry

      Robin Henry

      Partner - Head of Dispute Resolution Services

      ArrowView profile

    • The Team

      Our lawyers have the expertise and experience to provide you with creative, personalised solutions in a clear and understandable way.

      ArrowMeet the team

    • Our Publications

      Discover a wealth of invaluable guidance in the form of guides and brochures written by our expert lawyers.

      ArrowSee our downloads

    • Our insights

      Discover the latest insights and thought leadership from our team of legal experts.

      ArrowFind out more

    Working together to protect your interests

    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.

    Corporate recovery, restructuring & insolvency work highlights

    businessman
    Coronavirus: Furlough Leave - Updated Government Guidance
    Swiss flag on a boat
    empty office meeting room
    court-ruling
    Employment lawyers
    students in a classroom
    Modern glass building

    Acting against the director of a company in liquidation

    We acted on a £4.5m claim under the Insolvency Act 1986 against the director of a company in liquidation. The claim was successfully resolved through ADR.

    Acting against the improper use of tax-avoidance schemes

    We acted on a claim against directors for the improper use of tax-avoidance schemes.

    Acting in a multi-million international arbitration

    We advised a foreign company facing claims for a share of its recovery in a multi-million international arbitration.

    Acting on a substantial debt-recovery claim

    We acted on a substantial debt-recovery claim against a Swiss company, including dealing with service out of the jurisdiction and issues arising under Swiss law.

    Acting on a wrongful trading claim

    We acted on a wrongful trading claim seeking damages in excess of £6m.

    Advising family members of the director of an offshore company in liquidation

    We advised family members of the director of an offshore company in liquidation on dealing with enquiries from the liquidator. This involved dealing with cross-border insolvency issues and responding to threats made to examine the family members in court.

    Advising on a claim for fraudulent trading

    We acted on a claim for fraudulent trading, dishonest assistance, knowing receipt, unjust enrichment and breach of director’s duty valued at £12m. This included obtain freezing injunctions against two of the defendants and successfully opposing an application by one of them to set aside the freezing injunction.

    Advising on a CVA in the health sector

    We advised on the CVA (company voluntary arrangement) of a high-profile chain providing medical services. This included advising on voting, the conduct of a highly contentious creditors’ meeting, complex creditor claims and a variation of the CVA’s terms.

    Advising on the administration of a special needs school

    We advised on the administration of a long-established special needs school. This involved the sale of a valuable property and advice to the school’s trustees regarding the correct application of the surplus proceeds.

    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.

    Jump to the top of the Corporate recovery, restructuring & insolvency page.

    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.

    Corporate recovery, restructuring & insolvency insights

    View all insights

    Need some more information? Make an enquiry below.

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