BUSINESS OBJECTIVES ACHIEVED
Forbes Solicitors' insolvency litigation solicitors offer expert legal advice on insolvency litigation. Our insolvency litigation team can assist with a range of issues, including claims against directors, misfeasance claims, and preference claims and more. We understand the complexities of insolvency law and work closely with our clients to achieve the best possible outcome.
Insolvency Litigation is the process of recovering assets on behalf of creditors through court proceedings or other forms of dispute resolution.
Our specialist team can assist with all aspects of contentious insolvency whether you are an individual, business or practitioner.
We regularly advise individuals and businesses on the presentation of statutory demands and petitions and can assist in the resolution of the same. Alternatively if you are struggling financially we can advise on options such as IVA's (Individual Voluntary Arrangement) or CVA's for businesses and can work with you to find a way through a difficult financial time.
If you are/have been a company director you may be presented with a claim following the winding up of your company. These claims may be as a result of wrongful trading, preferential payments or in respect of directors loans. Whatever the claim is our team will be able to advise on the merits of the same and assist in seeking a swift resolution.
We have good relationships with many insolvency practitioners and provide regular assistance following the dissolution of companies. This may include the recovery of debts from outstanding company debtors or pursuing directors.
Whatever your insolvent needs Forbes' expert team can help you navigate the difficult times to bring a suitable resolution.
Areas that we can assist -
Our insolvency litigation solicitors are dedicated to providing exceptional legal services to clients facing financial difficulties. With years of experience in the field, we have a proven track record of successfully representing clients in complex insolvency cases. Our team of experts is committed to providing personalised solutions tailored to meet the unique needs of each client. We pride ourselves on our professionalism, integrity, and commitment to achieving the best possible outcome for our clients. Choose us for reliable, effective, and efficient legal representation in insolvency litigation matters.
Our insolvency litigation solicitors help individuals, businesses, creditors, and insolvency practitioners with legal issues related to insolvency, bankruptcy, and restructuring.How can our insolvency litigation lawyers help?At Forbes Solicitors our insolvency litigation lawyers can help by providing expert advice and representation in disputes related to insolvency, bankruptcy, and restructuring. We can assist with debt recovery, creditor negotiations, and court proceedings. Our team has extensive experience in handling complex insolvency matters and can provide practical solutions to help clients navigate through difficult financial situations. We work closely with clients to understand their unique needs and goals, and provide tailored advice and support to achieve the best possible outcome.
Speak to our experts today for extensive experience in offering legal services in Clinical Negligence cases to clients throughout the UK. Contact us now.
The common types of insolvency litigation include preference claims, wrongful trading claims, fraudulent trading claims, and misfeasance claims. Preference claims involve recovering payments made to creditors before the insolvency, while wrongful trading claims involve directors continuing to trade when they knew or should have known the company was insolvent. Fraudulent trading claims involve directors knowingly carrying on business with the intent to defraud creditors, and misfeasance claims involve directors breaching their duties and causing loss to the company.
Insolvency litigation can help your business by recovering debts owed to you, protecting your assets from being seized by creditors, and potentially avoiding bankruptcy. It can also help to identify any fraudulent or wrongful actions that may have contributed to the insolvency of your business. insolvency litigation is governed by the Insolvency Act 1986 and can be initiated by the company, its directors, or a liquidator.
The risks associated with insolvency litigation include the possibility of incurring significant legal costs, the potential for adverse judgements or settlements, and the risk of personal liability for directors or other individuals involved in the insolvency proceedings. Additionally, insolvency litigation can be time-consuming and may divert resources away from other business activities.
The length of insolvency litigation can vary depending on the complexity of the case and the court's schedule. It can take several months to several years to resolve. insolvency litigation is governed by the Insolvency Act 1986 and the Civil Procedure Rules.
A litigation solicitor in insolvency cases represents either the insolvent company or its creditors in legal proceedings. They advise on matters such as debt recovery, asset recovery, and disputes with creditors. They also assist in the administration of the insolvency process, including the appointment of an insolvency practitioner and the distribution of assets to creditors. Their role is to ensure that the interests of their client are protected and that the insolvency process is carried out in accordance with UK law.
To prepare for insolvency litigation it is important to gather all relevant financial and legal documents, including contracts, invoices, and correspondence. It is also advisable to seek legal advice from a specialist insolvency lawyer who can guide you through the process and help you understand your rights and obligations. Additionally, it may be helpful to review previous insolvency cases to gain insight into the legal strategies and outcomes.
The alternatives to insolvency litigation include informal negotiations, mediation, voluntary arrangements, administration, and liquidation. Informal negotiations involve discussions between the debtor and creditor to reach a settlement. Mediation involves a neutral third party facilitating negotiations between the parties. Voluntary arrangements involve a proposal to creditors for repayment of debts. Administration involves the appointment of an administrator to manage the company's affairs. Liquidation involves the sale of assets to repay creditors.
The chances of success in insolvency litigation depend on various factors, including the strength of the evidence, the legal arguments, and the judge's interpretation of the law. It is difficult to predict the outcome of any litigation, but with the right legal representation and a strong case, the chances of success can be improved.
If you are an individual whether a sole trader or a Partner of a business you may be able to file an application to set aside the statutory demand if you contest it. You have 18 days from the day of service to file this application. We can advise you if we think you have merits in making this application.
If you are a limited company you are unable to file such an application but we can advise you on alternative options and the next steps that your opposition may take.
All insolvency petitions - whether for individuals or for limited companies have to be advertised. This is usually done through the London Gazette. Credit agencies often track these and as such if you have customers who track through those agencies they are likely to find out that you have been presented with a petition.
You need to locate who is handling the case and advise them of your debt. If your debt is more than £1000 then you will need to submit a proof of debt form.
You may have grounds to set aside the application and a court can make such an order as it sees fit.
This can depend on the amount of money you are owed and whether the debt is contested. Insolvency should not be used as a tool for debt recovery but when there is an undisputed debt and it appears the company is unable to pay.
We can advise you of the benefits and downfalls of each course of action and advise on the right procedure for you.
Partner, Head of Commercial Litigation
Business Dispute Resolution
0333 207 1142
Senior Associate, Commercial Litigation
Business Dispute Resolution
0333 207 1143