Business Advisory
Expert legal advice on restructuring and insolvency, covering contracts, directors’ duties, and lending/security. Practical business guidance.
Our Business Advisory team provides strategic, commercially focused guidance to help organisations navigate financial and operational challenges. We work closely with businesses, directors and stakeholders to protect value, manage risk and support informed decision-making at every stage.
Contract management and support
Are you experiencing issues with customer or supplier payments? Our team supports businesses of all sizes in enforcing contractual rights, advising on the enforceability of retention of title clauses, and assisting with negotiations to vary existing agreements in a legally robust way.
We also provide guidance where intellectual property rights may be at risk. If you are unsure whether you retain ownership following insolvency or are concerned about potential challenges from a third-party insolvency practitioner, we can help protect your position and provide clarity.
Directors’ duties
When a company faces financial difficulty, directors must carefully consider the interests of creditors. Failure to do so can result in personal liability, including claims for wrongful trading or misfeasance.
Our business recovery team provides clear, practical and timely advice to insolvency practitioners, business owners, board members and shareholders. We understand the pressures involved and deliver tailored support to help you navigate complex and time-sensitive situations.
Lending, finance and security
We advise on the enforceability of secured lending arrangements and personal guarantees, helping you understand and manage the associated risks.
Our team can also assist with efficiently reviewing and perfecting loan and security documentation, ensuring you are well-positioned to secure or respond to immediate funding requirements.
Contact us
If you would like to discuss any of the above, or require advice on a specific situation, please get in touch with a member of our Restructuring & Insolvency team. We are here to provide practical, responsive support when you need it most.
“Significant experience in handling large-scale restructuring and redundancy programmes. Clarkslegal is ‘technically excellent but commercial’”
Legal 500
Business Advisory FAQs
Contract management is the legal governance and monitoring of key contracts to a business, be they supply or customer contracts. Examples can include monitoring key dates – such as termination or automatic renewal dates, understanding change of control mechanisms and the impact this will have on either the business or a third party. By doing this, it places a business in a strong position to renegotiate in good time and also manage what could otherwise be materially adverse impacts at key stages of a business life cycle.
Over the years, case law has determined and set out obligations of a director of a company in the UK. For the first time, principle duties were set out in the Companies Act 2006. Directors’ duties, include the obligation to act withing powers, avoid conflicts of interest, promote the success of the company, exercises independent skill and judgment, not to accept benefits from third parties.
Understanding key terms and what security will be required during a lending round is important. Unsecured lending involves “light touch” or no security over and above guarantees; secured lending involves legal charges being placed over the group. If there are prior lenders involved, documenting the interrelationship of multiple lenders and securities is very important.
