Insolvency Litigation

We have a strong track record of working with the business recovery teams at the major accounting practices, including incepting insolvency proceedings, advising on the appointment of liquidators, receivers and other officeholders and acting in litigation proceedings to recover assets and enforce judgments.

Insolvencies and frauds are very often international in nature. Our lawyers are experienced in coordinating claims in multiple jurisdictions, working alongside specialist law firms across the world, particularly offshore, where SPVs or asset-holding structures are often domiciled. We also have experience in relation to restructurings and corporate re-organisations in a distressed context, as well as formal winding-up and insolvency proceedings.

We regularly act for officeholders, typically administrators, liquidators, court appointed receivers and trustees in bankruptcy, and we also regularly represent other stakeholders, such as directors and shareholders of distressed companies, lenders and investors.

Our experience allows us to understand our clients’ commercial objectives across a broad range of insolvency disputes. We are particularly well placed to advise on the exercise of statutory powers by liquidators to obtain evidence from or bring claims against third parties such as banks, financial institutions and former professional advisors. Our senior practitioners have significant experience in these matters developed from their time at international law firms acting for such institutions and are familiar with the strategic and tactical initiatives typically deployed by them in defending claims of this nature.

Our experience includes applying for early disclosure from parties such as banks and professional advisors as well as using the compulsory powers available to liquidators to gather evidence. It is often helpful to target disclosure of key documents relating to the causes of the failure of a business such as internal investigations. Arguments can be deployed to weaken claims to privilege or confidentiality which are typically made by custodians over sensitive documents of this nature.

We also look to identify regulatory breaches by third parties, which can form the basis of damages claims by officeholders to maximise recovery for creditors. In cases involving fraud, for example, the steps taken by banks to comply with anti-money laundering regulations and duties to customers will be particularly relevant.

As a conflict-free litigation practice, we are uniquely positioned to work with officeholders on discrete disputes where the incumbent law firm is conflicted, as is often the case in claims against third parties such as banks or professional advisors and in the financial services sector.

Distressed or insolvent entities’ lending and funding arrangements tend to come into focus as their financial position deteriorates and are often a source of disputes. In instances where the incumbent full-service legal advisor sits on the relevant bank’s panel, for example, we are able to assist. We also have a strong track record in co-counselling arrangements in such circumstances. We also regularly work with litigation funders.

Paul Brehony has nearly 30 years’ experience in complex multi-jurisdictional commercial and insolvency related disputes and has acted in some of the largest and most high-profile insolvencies of recent times. Paul is recognised as a “notable practitioner” by The Legal 500 UK Guide and is also “highly recommended” for commercial litigation expertise. He is further described as “charming, well organised and a pleasure to litigate with.”

Abdulali Jiwaji has over 20 years’ commercial disputes experience, advising on matters relating to financial products, mis-selling, regulatory investigations and compliance issues. Abdul is regarded as a ‘Recommended Lawyer’ in The Legal 500 UK 2022 and the Guide notes he “is always on the ball and has a good tactical brain” and recognises he “has always provided sound and very considered advice”. Abdul is also praised for being “a steady hand during turbulent times”. Chambers Global has described him as a “technically sound, sensible and robust litigator who always finds practical solutions”.

Ritwick Ghosh has nearly 10 years’ experience advising clients in relation to financially distressed situations is recognised as a ‘Recommended Lawyer’ in The Legal 500 UK 2023 Guide. Ritwick is described as being “a pleasure to work with and has a lightness of touch even in the heaviest and most stressful of cases.” He has represented insolvency officeholders and creditors of insolvent or distressed businesses, both in the financial services sector and in the real economy. He has acted in compulsory liquidations and other formal insolvency proceedings as well as in applications for sanction of restructurings. He has also advised on informal workouts.