As part of both the Commercial Dispute Resolution and Corporate Recovery Groups, our Insolvency Litigation Team receives instructions from Insolvency Practitioners, funders and creditors alike in representing their interests pre and post insolvency. In a corporate insolvency context we regularly advise clients in relation to the following claims:
- Unfair preference and gratuitous alienations
- Wrongful trading
- Retention of Title
- Directors' duties and disqualification
We also advise Trustees in sequestration on recovering assets and the many contentious issues which arise with debtors who refuse to cooperate with the Trustee.
In addition, we regularly act for clients in presenting routine applications in liquidation, administration and sequestration proceedings, including Notes for extension of administrations, fixing of insolvency practitioners' remuneration, sanction to raise court proceedings by and against companies in a formal insolvency process and actions to recover possession of heritable assets.
Our Insolvency Litigation Team regularly deals with cases in the Sheriff Courts and Court of Session.
Our recent experience includes:
- Acting for a Liquidator in a successful unfair preference action seeking recovery of a significant sum from a former director.
- Advising for insolvency practitioners in relation to recovery of a seven figure unlawful dividend paid following a major group restructuring.
- Acting for a consortium of creditors and advising in relation to retention of title claims amounting to around £2m in the administration of a large retailer.
- Advising a Trustee in relation to the recovery of significant property assets in a sequestration. Also advising on the Trustee's potential liabilities and seeking the intervention of the courts where the debtor repeatedly refused to cooperate with the Trustee.