Restructuring and Insolvency

We aim to provide a specialist service, tailored to the relevant circumstances, commercial context, assets, and legal arrangements. Our approach is commercially-led and pragmatic, and draws on the full, complementary skill set of our lawyers.

Common issues and matters with which we can assist include:

• Advising company directors as to their responsibilities and exposure in time of financial distress, such as in relation to supply chain issues or other working capital constraints.
• Advising business owners and shareholders in companies with working capital constraints as to value creation and protection, and additional fund-raising.
• Advising and taking action in respect of distressed counter-parties, including debt collection, asset-tracing and recovery, and contractual variation and settlements.
• Advising and taking action in response to, and in defence of creditor or other action against businesses in financial difficulties.
• Advising and acting for insolvency practitioner office holders, such as administrators and liquidators, on their appointment and the management of the formal or informal insolvency process.
• Advising and acting for office holders in litigation, such as in respect of ‘clawback’ applications under the Insolvency Act.
• Advising in respect of property issues in the insolvency context, including in relation to insolvent Landlords and Tenants, security reviews for charge holders, acting for insolvency practitioners on disposals, and dealing with land that is bona vacantia or subject to escheat.
• Advising and taking action to protect the reputations of businesses and their owners, directors, and shareholders.
• Advising charities and their trustees, beneficiaries and commercial partners on the implications, practicalities, and consequences of a charity’s financial distress and insolvency.

We understand the commercial imperatives of the restructuring and insolvency sector and act for individuals, companies (and other corporate entities such as LLPs), as well as insolvency practitioner office holders.

We draw on the knowledge and expertise of lawyers from across the Firm. Our practice is full service and comprises a broad range of specialist transactional and contentious work relevant to the restructuring and insolvency sector, including:

• Corporate advice in respect of corporate reorganisations or transactional support
• Financing advice where further lending or investment is being considered
• Litigation and Alternative Dispute Resolution
• Intellectual property, commercial property, and employment advice where relevant to your business or assets
• Tax advice, including in respect of asset transfers
• Media, information, and reputation management

If you need advice on restructuring and insolvency matters, please contact any of the following key members of the group.