Partner & Deputy Head of Civil & Commercial Litigation
At MW we have expert Solicitors who can help with Personal Insolvency issues including, assisting insolvency practitioners in realising a debtor’s assets be that by repossession and sale of the bankrupt’s home or recovery of assets which have been dissipated by the bankrupt prior to, or following the bankruptcy order.
Sometimes these applications can involve sensitive exceptional circumstances and complex disputes relating to exoneration or division of the beneficial interest and our team has the right level of experience to assist. The team is also able to advise insolvency practitioners on all types of antecedent transactions, IPOs, general litigation which the bankrupt may have been involved in before the Order, pension issues, annulments and IVAs.
The team can also assist a Bankrupt or other parties when faced with the above issues and require guidance and assistance as to the best form of settlement or whether the claim made is defendable.
Our Corporate Insolvency expertise includes assisting insolvency practitioners in antecedent transaction claims such as preferences, undervalue claims or disposition of property along with directors disqualification proceedings and further more complex issues such as wrongful/fraudulent trading or misfeasance claims. Often, matters involve a high level of investigation before a case can be commenced and we have the relevant experience to assist in those investigations to conclude quickly and efficient that there is a case and that commercially, it is viable.
We can advise and assist in placing a company into Administration for directors or creditors, we also advise on all aspects relating to CVAs, Creditors Voluntary and Compulsory Liquidations and Members Liquidations along with LPA Receiverships.
The team can also assist directors or other parties when faced with the above issues and require guidance and assistance as to the best form of settlement or whether the claim made by the Insolvency Practitioner is defendable.
We can also offer services to creditors that will enable them to monitor any bad debts. As a creditor, advice may be needed as to the best way to approach a bad debt or a debtor who has financial issues. We can assist and advise on the best course of action. This may include issuing a statutory demand, a bankruptcy petition or winding up petition. It may be that other processes are best placed to recover the debt and again we can assist you with that.
Creditors may also require advice when the debtor has become insolvent and is subject to or about to be subject to an insolvency process. Often creditors consider at that stage that they have lost their money but that is very often wrong and we can advice on how a good recovery could be achieved by ensuring that the insolvency practitioner is able to recovery all the assets available to him.
Our team is able to assist in commercial disputes from collection of debts through to injunctions and have a wealth of experience in dealing with high value and complex claims.
We have particular expertise in contractual debt claims along with secondary security actions and are able to assist large corporates or indeed individuals facing such disputes. We have the commercial aptitude to ensure any dispute is dealt with cost effectively always maintaining clear transparency on costs and this is achieved through the recognition of keeping the client aware of every step and the associated costs.
We have experience in mediations and alternative dispute resolution schemes to ensure the right result is met for the client at all times.