When the counterparty runs out of road, the strategy changes.
Contentious insolvency, cross-border restructuring and director liability — advised on with a clear view of what enforcement will actually recover.
A strong claim against an insolvent counterparty can be worth less than a weak one against a solvent one.
Clients frequently arrive with a claim that is legally sound but commercially hollow — because the party they'd be enforcing against has no assets left to satisfy a judgment. Restructuring work starts with an honest assessment of recoverability, before any strategy is built on top of it.
We advise directors and creditors on when to pursue formal insolvency processes, when a negotiated standstill serves better, and when contentious steps — including director liability claims — are actually worth taking.
— Priya Anand, Partner
How we work on these matters.
Creditor Strategy
Advising secured and unsecured creditors on recovery strategy, including standstill negotiations as an alternative to enforcement.
Director Liability
Wrongful trading, misfeasance and director disqualification matters arising from a company's insolvency.
Cross-Border Restructuring
Coordinating restructuring strategy across jurisdictions via established co-counsel relationships.
The Mandate Journey™
FCA enforcement action against a major insurer
Regulatory penalty substantially reduced following a coordinated response to an FCA enforcement investigation.
Read the full Mandate Journey →Questions we're asked before instruction.
A counterparty is showing signs of financial distress — what should we do first?
Get an honest recoverability assessment before deciding on strategy. Enforcement against an insolvent party rarely produces the outcome clients expect.
Can directors be held personally liable for a company's insolvency?
In certain circumstances, yes — wrongful trading and misfeasance claims are a growing area of the practice.
Do you advise on restructurings outside the UK?
Yes, via long-standing co-counsel relationships in the relevant jurisdictions, coordinated from London.