
Corporate
Recovery
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"Clients were
impressed by the close relationship the team strikes with
them. They appreciate the “good commercial perspective” and
like the structure and organisation of the team." Chambers UK, A Client’s Guide to the Legal Profession 2006
We are experienced at handling and, where possible,
preventing formal insolvency. We provide a full range of
advisory, litigation and transactional services to
insolvency practitioners, banks and other lenders,
businesses in financial difficulties and their
directors/proprietors, to individual creditors and to
debtors facing financial problems. By bringing us in before
formal insolvency becomes inevitable we can assist in the
turnaround or restructuring of a business and have
considerable experience of the various rescue procedures
that are available.
We have acted in many different formal insolvency
assignments – administrations, liquidations, receiverships,
voluntary arrangements, solvent reconstructions (including
schemes of arrangement) and bankruptcies - both large and
small. In such cases, we focus on securing the prompt and
efficient recovery and realisation of assets both at home
and abroad to restore what is due to an insolvent estate or
lender.
The team has a particular expertise in insolvency litigation
and asset recovery, specialising in bringing litigation on
behalf of office holders in relation to, amongst other
things, transactions at an undervalue, preferences, wrongful
trading and misfeasance claims. We have extensive
experiencing of litigating such claims, ranging from local
County Court proceedings through to the the High Court,
Court of Appeal and House of Lords. We also have extensive
experience of alternative dispute resolution, including
mediation and arbitration proceedings.
Recent highlights include :
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Striking out a £300,000+ claim brought by a liquidator
against a company director and establishing the leading
legal authority on limitation in misfeasance proceedings.
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Defending a £1m+ claim
brought by an administrator against a FTSE 100 claim,
resulting in an indemnity costs award against the office
holder.
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Securing judgment on
behalf of office holders in relation to a £1m+ transaction
at an undervalue claim. Subsequently successfully defending
this on appeal.
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Recovering significant
assets on behalf of a liquidator from the directors of a
defence manufacturing company in the South West.
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Successfully appealing
a bankruptcy judgment obtained against an individual with
alleged debts exceeding £1m.
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Negotiating the
conclusion of protracted multi-party proceedings arising out
of a creditor contested CVA.
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Amongst other
highlights, our department has assisted with a multi-million
pound recovery for one of a number of lenders involved in a
standstill and numerous connected arrangements, advised on a
number of very large solvent reconstructions, dealt with a
number of multiple receiverships of companies in groups in a
several different industry sectors and been heavily involved
in a number of telecom, internet and hi-tech sector rescues
and insolvencies.
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To find out more
please contact:
Ed Husband
ed.husband@bevanbrittan.com
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0870 194 1615