Insolvency & Director Disqualification

Practice Expertise

Insolvency and director liability matters require swift action and technical expertise. We advise on winding-up and bankruptcy petitions, asset recovery, misfeasance claims, and disputes for liquidators, creditors, and directors, as well as acting in complex personal insolvencies. Our team handles a broad range of contentious and non-contentious insolvency matters, including the service and challenge of statutory demands, securing urgent validation orders, and making applications for permission to act as a director whilst disqualified.

Core Areas of Representation

Corporate Insolvency & Restructuring

• Insolvency Practitioners: Advising officeholders (administrators, liquidators, and trustees) on asset recovery, officeholder claims, and the winding up of complex, multi-jurisdictional estates.
• Validation Orders: Seeking urgent court-ordered validation under Section 127 of the Insolvency Act 1986 in respect of transactions, including payments necessary to enable a company to continue trading, while a winding-up petition is pending.
• Contentious Asset Recovery: Advising on tracing, freezing, and recovering misappropriated or transferred assets, including antecedent transaction claims involving transactions at an undervalue, preferences, and misfeasance.
• Creditor Strategy & Enforcement: Assisting creditors in protecting their exposure, enforcing security, and optimising returns during insolvency processes.

Director Disqualification & Fiduciary Defence

• Disqualification Proceedings: Defending directors facing formal investigations or proceedings initiated by the Insolvency Service under the Company Directors Disqualification Act 1986 (CDDA).
• Leave to Act Applications: Making applications to the court for permission to act as a director or take part in the management of a company whilst subject to a disqualification order or undertaking.
• Section 216 Restrictions: Advising on restrictions concerning the re-use of prohibited company names and seeking court permission where required.
• Personal Liability Claims: Defending directors against personal claims brought by liquidators or creditors for wrongful trading, fraudulent trading, or breaches of fiduciary duty.

Personal Insolvency & Bankruptcy

• Statutory Demands: Drafting and serving statutory demands in pursuit of unpaid debts or moving swiftly to apply for the setting aside of demands where appropriate to avoid bankruptcy proceedings.
• Bankruptcy Petitions: Acting for both individuals defending bankruptcy petitions and commercial creditors seeking to enforce outstanding debts.
• Trustees in Bankruptcy: Advising trustees on the realisation of the bankrupt estate, including claims over the matrimonial home, income payments orders, and transaction avoidance.

Why Choose Us?

Corporate failure and personal financial distress frequently trigger multi-layered legal challenges, spanning civil litigation and regulatory scrutiny.

As a firm with established cross-disciplinary expertise, we coordinate asset recovery and director defence. We offer focused technical expertise in insolvency and director disqualification matters.