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Restructuring and insolvency

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No business is immune to financial crisis, especially in today’s challenging trading environment. Whether you are a stakeholder in a distressed business or an insolvency practitioner you need a proactive legal team who can provide concise, practical and effective advice, which will often need to take into account the international dimensions of a modern business.

Our highly experienced insolvency team has been involved in some of the world’s largest insolvencies and is used to working with other teams across a wide range of disciplines and sectors, both domestically and internationally. From reorganisation and reconstruction to administrations and liquidations, our partner led service is focused on finding a solution to your problems.

What we do...

  • Our experience – we have represented insolvency practitioners and creditors in many time critical cases where speed and depth of knowledge is essential. Our team rapidly deploy lawyers who have experience in both domestic and international insolvencies.

  • Regional, national and international client base - including insolvency practitioners, LPA receivers and all stakeholders of a distressed business ranging from directors to shareholders and investors to suppliers and customers.

  • Specialist lawyers - who can draw on expertise from other disciplines within the firm including real estate, tax,corporate, regulatory and environmental teams.

  • Access to an international network of advisors - through our membership of Pangea Net.

  • Recognised as a tier one firm - for insolvency in both Chambers and Legal 500.

  • Industry members - Association of Business Recovery Professionals, Insolvency Lawyers Association and Institute of Credit Management.

  • Involved in high profile reported decisions - concerning domestic and cross-border insolvencies, for example Re Permacelland Picard v Primeo.

  • Managing global insolvencies - across numerous jurisdictions.

Recent experience

What the directories say...

Related resources

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Trigger happy when directors’ duties are the target?

In a judgment handed down yesterday the Supreme Court has affirmed that a so called “creditor duty” exists for directors such that in some circumstances company directors are required to act in accordance with, or to consider the interests of creditors. Those circumstances potentially arise when a company is insolvent or where there is a “probability” of an insolvency. We explore below the “trigger” for such a test to apply and its implications.

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Blogs

Sequana: Supreme clarification on the duty owed to creditors

The Supreme Court has unanimously dismissed the BTI v Sequana appeal and reviewed the existence, content and engagement of the so-called ‘creditor duty’; being the point at which the interest of creditors is said to intrude upon the decision-making of directors of companies in financial distress.

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Published articles

Sole director decisions Another perspective

In an unreported case (Re Active Wear Limited (in Administration)), the High Court has ruled that an out-of-court administration appointment, instigated by a sole director of a company with unmodified model articles, was valid notwithstanding the earlier decision of Deputy Judge Farnhill (also in the High Court) in the case Hashmi v Lorimer-Wing (also known as Re Fore Fitness Investments Holdings Ltd) [2022] EWHC 191 (Ch) (02 February 2022).

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Blogs

Insolvency applicants: getting the basics right

A number of interesting developments have emerged from what was quite a run-of-the-mill insolvency application brought by a litigation funder assignee.

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