Insolvency & director defence
Managing risk when the Insolvency Service or creditors escalate action.
We support directors, shareholders, and insolvency practitioners through investigations, misfeasance claims, and emergency court applications.
Services
- Director disqualification investigations and undertakings
- Wrongful & fraudulent trading allegations
- Insolvency interviews (section 235) preparation and attendance
- Winding up petitions, statutory demands, and injunctions
- Retention of title disputes and asset recovery
- Claims against directors, including preference and transaction at undervalue
Strategy
We align legal advice with financial modelling to evidence solvency positions and justify decision-making. Early preparation of witness statements and document portfolios often shortens investigations and reduces director disqualification exposure.
Illustrative results
| Issue | Solution | Outcome |
|---|---|---|
| Director facing 10-year disqualification | Negotiated reduced undertaking with bespoke conditions | Undertaking limited to 4 years, reputational plan agreed |
| Wrongful trading claim | Deployed forensic accounting evidence | Claim discontinued prior to trial |
| Urgent winding up petition | Filed injunction and parallel settlement proposal | Petition dismissed, relationships preserved |
Client profile
Owner-managed businesses, PE-backed groups, insolvency practitioners, and directors facing personal risk instruct us to ensure early engagement with the Insolvency Service and to protect reputations during restructuring.
The insolvency landscape changes quickly. Always obtain current advice as statutory instruments and guidance evolve.