We are often referred to company directors of distressed companies who need our experience and expertise by their accountants. Alternatively, directors needing our help do contact us direct, usually through this website. Either way, or role focuses on advising and supporting the director, whose troubled company has become insolvent and is going through a formal insolvency procedure (including liquidation processes, such as Creditors Voluntary Liquidations or Administrations, for example) in which the insolvency professionals who are appointed (usually an Insolvency Practitioner) have a statutory duty through insolvency law and the Companies Act to investigate the finances of the company and the behaviour of the directors.
Insolvency Practitioners are there to get the best possible outcome for the creditors and ensure creditors’ rights are delivered on. Therefore if they find anything untoward while investigating a company in liquidation, as detailed in the list below, they can issue an insolvency claim to recover the monies for the benefit of the creditors. We either act for the Insolvency Practitioner or the Director. Each case rests on its particular facts and we will litigate or negotiate, using our experience and in-depth knowledge and understanding of insolvency legislation to deliver the best possible outcome for our client.
In our experience, insolvencies happen for all sorts of reasons and sometimes there are special situations that need to be uncovered and investigated which explain what happened and allow us to build a case in the director’s defence. Getting us involved for help and advice at an early stage is always the best option.
Our Insolvency Litigation Specialists advise on the following areas (click on a section below to expand it):
10 Reasons to talk to us if you are threatened with a Misfeasance Claim
If you are a director or a shareholder and you are threatened with a Misfeasance Claim or Director Disqualification, we advise you to take professional advice, quickly. Our specialist solicitors have a strong record of success in these areas. Click here to see 10 reasons why you should consider using us to defend you against a Misfeasance Claim or Director Disqualification.
5 Tips for Directors facing Misfeasance Claims
Misfeasance Claims are increasing. We specialise in helping to defend directors against Misfeasance Claims. So, if you are a director and have received a Misfeasance Claim from a Liquidator, here are our 5 best tips to help you deal with such a claim.