Insolvency Disputes Solicitors
Legal advice on insolvency disputes, asset recovery, misfeasance claims, and restructuring support for businesses and directors.
Our Insolvency Disputes team provides clear, strategic advice to help businesses, directors and insolvency professionals navigate complex and high-stakes situations. We deliver practical, commercially focused solutions to protect your position, manage risk and achieve efficient outcomes in both contentious and non-contentious matters.
Restructuring and voluntary liquidation
We have a strong track record in advising on business restructurings, including asset sales and transfer agreements, acquisitions from insolvency practitioners, and voluntary liquidations.
We provide strategic, commercially focused advice to help management address financial challenges, reduce costs and improve efficiency, while maintaining business continuity and workforce engagement. Where appropriate, we work alongside Forbury People, our specialist HR consultancy, to deliver integrated support.
Our experience includes:
- Redundancy – Advising on redundancy processes of any scale, including stakeholder engagement, communications, scenario planning and managing complex issues such as union negotiations and industrial disputes.
- Business sales – Supporting the identification and transfer of key assets and liabilities, including managing legal documentation, third-party consents, novations and assignments.
- Changing terms and conditions – Providing practical advice on implementing changes to employment terms, including managing consultation requirements and reducing the risk of claims.
Misfeasance and antecedent transactions
We advise insolvency practitioners, directors and stakeholders on claims arising from misfeasance and antecedent transactions, including preferences and transactions at an undervalue.
Our team provides practical guidance on assessing potential claims, defending challenges and managing risk. We also assist with the formal requirements of insolvency processes, including preparing board minutes, ensuring compliance with governance obligations and meeting court filing requirements.
Recovering company assets
We support the recovery of company assets, including setting aside transactions such as property transfers or other disposals made prior to insolvency.
Where matters have an international element, we work with a trusted global network of legal professionals to deliver coordinated cross-border recovery solutions.
Restructuring support
Our insolvency specialists work closely with accounting and insolvency professionals to implement corporate restructurings, including demergers, hive-ups and share-for-share exchanges.
We advise on both solvent and insolvent restructurings, providing clear, practical support on the legal documentation and processes required to complete transactions efficiently.
Contact us
If you would like to discuss any of the above or require advice on an insolvency dispute or restructuring matter, please get in touch with a member of our team. We provide clear, practical and timely support tailored to your business needs.
“Significant experience in handling large-scale restructuring and redundancy programmes. Clarkslegal is ‘technically excellent but commercial’”
Legal 500
Insolvency Disputes FAQs
A voluntary liquidation is a solvent winding up of the company, it is a useful process when considering closing a company down at the end of a commercial endeavour, o rwhere the underlying assets and business have been transferred out.
Misfeasance involves analysing the wrongful or improper conduct of a director of a company and can involve breach of a directors statutory responsibilities under the Companies Act 2006. Antecedent transactions are transactions that have taken place prior to a formal insolvency process being entered into, such as transactions at under value, transactions at a preference or transactions which are void on the basis due process was not followed in entering into them – they usually involve an element to defraud or prefer a class or single creditor over the whole creditor pot.
There are many actions available to an insolvency practitioner to recover assets wrongly or unlawfully transferred under the Companies Act 2006, These primarily involve Court actions against directors personally.
There are many avenues of support available for a company that is looking to restructure, typically a blend of legal, financial and insolvency expertise are required to take the company through the finance documentation and process, or explain restructuring options.
