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Corporate Recovery
"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 :

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.
 
Defending a £1m+ claim brought by an administrator against a FTSE 100 claim, resulting in an indemnity costs award against the office holder.
 
Securing judgment on behalf of office holders in relation to a £1m+ transaction at an undervalue claim. Subsequently successfully defending this on appeal.
 
Recovering significant assets on behalf of a liquidator from the directors of a defence manufacturing company in the South West.
 
Successfully appealing a bankruptcy judgment obtained against an individual with alleged debts exceeding £1m.
 
Negotiating the conclusion of protracted multi-party proceedings arising out of a creditor contested CVA.
 
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.
 
To find out more please contact:
Ed Husband
ed.husband@bevanbrittan.com
0870 194 1615
 

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