Insolvency Disputes

Our international team of insolvency litigators specialise in resolving complex, cross border and often high-profile disputes relating to insolvencies.

We act for both claimants and defendants and are regularly instructed to represent insolvency practitioners, company officers, financial institutions, funds, and corporates on all manner of claims and contentious insolvency issues. We help to protect and enforce rights and negotiate the best solutions, often working with litigation funders and insurers to manage risk.

Our award-winning team has acted in some of the most significant cases in recent years, including advising Grant Thornton across multiple jurisdictions on the high-profile and long-running Tchenguiz dispute.

Our work on this case saw us win Commercial Litigation Team of the Year at the Legal Business Awards, Litigation Team of the Year at the Lawyer Awards, and Banking Litigation Team of the Year at the Legal Week Commercial Litigation and Arbitration Awards 2019.

Our contentious insolvency lawyers sit within our wider dispute resolution practice, meaning they can draw on our fraud, asset recovery, criminal law, and contentious regulatory experience when needed. They also work closely with our restructuring and special situations team and our real estate team when enforcing against interests in properties.

Our work is complemented by our in-house eDiscovery Solutions team. This team provides eDiscovery consultancy and market-leading technical support on all aspects of data collection, analysis, review and production to support an investigation.

Our insolvency litigation services include:

  • investigations
  • asset recovery, freezing orders, and other injunctive relief
  • civil claims for fraud
  • advice on criminal law and defending individuals and companies
  • claims and investigations relating to audit issues
  • claims relating to directors’ duties and in relation to antecedent transactions prior to insolvency
  • advice on insolvency procedures including in relation to Schemes of Arrangements and Restructuring Plans
  • insolvency issues in the context of arbitration and adjudication proceedings
  • complex cross-border litigation
  • international recognition and enforcement proceedings
  • advising in relation to parallel proceedings when one event gives rise to multiple actions

Our experience

Grant Thornton

Acting for joint liquidators of certain BVI entities in respect of litigation brought against them in England by Robert Tchenguiz and arising from the collapse of Kaupthing Bank and SFO's related investigation.

Madoff

Advising a London-based funds investment manager in its defence of Madoff-related proceedings, including claims in London by bankruptcy trustee and a High court decision on the Cross-Border Insolvency Regulations.

Lehman Brothers

For over 10 years we are at the forefront of the issues and litigation in the UK surrounding the insolvency of LBIE and the rights of different classes of creditors to particular.