Our Team routinely advises and acts for clients on an array of contentious and non-contentious restructuring and insolvency mandates.
In the contentious sphere, we act for all stakeholders, including shareholders, creditors and insolvency practitioners in high value restructuring and insolvency disputes and procedures. Our clients include domestic and overseas based corporates, private equity houses and family offices.
We have particular expertise in advising in respect of non-contentious restructuring and refinancing scenarios, including pre-pack administrations, corporate re-organisations and related transactions.
We also often act for commercial landlords in respect of the recovery of rent and service charges from tenants and guarantors, including where those parties are insolvent. Conversely, we often advise tenants regarding their obligations in this regard and their options for managing an insolvency situation.
We have longstanding relationships with a number of insolvency practitioners and specialist Counsel with whom we routinely work to further assist clients in respect of these issues.
Specialist expertise includes:
Insolvency procedures and strategy, including CVAs, pre-packs and cross-border insolvency
Corporate restructurings, reorganisations and refinancings
Antecedent transactions and misfeasance claims
Recovery of directors’ loans and unlawful dividends
Wrongful and fraudulent trading
Challenging the appointment of insolvency practitioners
Appointment of administrators
Appointment of receivers over property
Insolvency of landlords, leaseholders and tenants
Protecting insolvency practitioner and creditor interests in the context of insolvency procedures and voluntary arrangements
Notable case references
Advising the Joint Administrators of companies in a prominent healthcare group in relation to a highly sensitive strategic corporate restructuring.
Representing a private investment company in respect of its exit from a multimillion pound Loan Facility and pursuit of associated claims in circumstances where the lender had entered administration and subsequently failed to perform its obligations under the Facility Agreement, including by failing to meet various drawdown requests.
Advising a group of corporate and individual investors in relation to the widely publicised collapse into administration and subsequent liquidation of two collective investment schemes, which collectively raised over £125 million, for the development of luxury care homes in the UK.
Advising a large commercial landlord in relation to the insolvency of several well-known tenant companies arising from the covid-19 pandemic, including CVAs, administrations and liquidations, and claims arising against guarantors and chargeholders.
Acting for three companies and their ultimate beneficial owner in claims against administrators valued at c.£18 million relating to the forced sale of three profitable care homes.
Representing the liquidators of an oil company in relation to multimillion dollar cross-border claims for wrongful trading against the former directors.
Acting for an international aviation leasing company, in connection with the collapse of a well-known airline and a resulting dispute with several major aviation players concerning the recovery of aircraft parts and related claims arising out of the administration.
Acting on behalf of a former owner of a Premier League Football Club in relation to disputes with the liquidator of the Club concerning the enforceability of security held by the client and title to extensive freehold properties formerly owned by the Club.