Insolvency / Corporate Recovery
Insolvency / Corporate Recovery
We work closely with all those involved in any insolvency situation including insolvency professionals (including LPA receivers), banks and other financial institutions, companies and individuals facing insolvency, directors of failing companies and creditors.
We are able to give a full range of advice and bring our considerable experience to bear on turnaround, re-organisation and recovery. Businesses stand the best chance of recovery if financial problems are recognised early on and appropriate steps are taken to resolve them before creditors take matters into their own hands. With this in mind and with the emphasis on recovery wherever possible, the corporate insolvency team is partnered by a strong corporate finance practice to provide an integrated business recovery and reconstruction service. We can help you identify the options available to you and take the appropriate steps to achieve the best possible outcome for your business.
We are experienced in advising on all areas of insolvency law and in particular, can advise on:- corporate recovery options
- insolvency issues for directors
- creditors rights on insolvency
- insolvency litigation
We have particular experience in the property sphere, partnerships and professional practices and construction.
Our property expertise includes advice to landlords in the event of tenant insolvency from a single retail, office industrial or residential unit to a large retail chain. We acted in the Powerhouse case for one of the main landlords in the action to set aside the tenant’s voluntary arrangement. This was a landmark case in the balance of power between landlord and tenant when the tenant is in financial difficulties. We also advise tenants in financial difficulty including the insolvency options available and how best to deal with landlords.
For partnerships and professional practices we can advise on restructuring and merger so as to avoid insolvency; the removal of under-performing partners and the employment of staff. We can also advise on formal insolvency processes available to LLPs.
The construction industry is said to be the first in and first out of recession. Financial difficulty invariably causes payment issues. See our guide to the payment provisions under the Construction Act. There are many bulletins published by the construction team relating to payment issues and click here for a link to our main website to access these. Adjudication can be used to get an early payment and is often used by liquidators to avoid lengthy court or arbitration proceedings. Calls under performance bonds are also a feature of insolvency that we can advise upon especially for bond holders and claimants.
For businesses in difficulty collecting in cash is essential. Paying lawyers to pursue debts can compound difficulties and some businesses may chose to pursue matters themselves. If you want to pursue a debt yourself you may find our Guide to Dealing with a Small Claim helpful.
For general insolvency matters we have considerable experience in retention of title claims, disqualification proceedings against directors, advising the spouse of a bankrupt and the interrelationship of divorce and bankruptcy.
If you would like advice any aspects of insolvency, either as a business in financial difficulties or as a creditor of such a business, then please contact any of Peter Ashford on + 44 (0)1892 506113 or at This e-mail address is being protected from spambots. You need JavaScript enabled to view it ; Chris Langridge on + 44 (0)1892 506090 or at This e-mail address is being protected from spambots. You need JavaScript enabled to view it or Gemma Pearmain on + 44 (0)1892 506229 or at This e-mail address is being protected from spambots. You need JavaScript enabled to view it
