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Insolvency Disputes & Litigation

Disputes and litigation are always a risk when people or companies can’t pay their debts. Our insolvency solicitors can help you make or defend against claims and efficiently resolve your disputes.

The insolvency process is designed to resolve unpaid debts between individuals and companies and their creditors. But disputes can still continue once insolvency begins - in fact, extra disputes with stakeholders, shareholders, banks and insolvency practitioners are also common.

Serious insolvency disputes can lead to legal claims and civil litigation which can be costly and time-consuming. Our lawyers can help you resolve your insolvency dispute without the need for litigation, or even avoid disputes entirely.

Whether you’re making or defending against a claim, our specialist lawyers can advise on disputes involving:

  • Shareholders claiming against directors for causing a company to go insolvent
  • Liquidators claiming against directors or shareholders of insolvent companies
  • Debtors using insolvency processes to try and avoid paying debt
  • Companies facing winding-up petitions or individuals facing bankruptcy petitions
  • Claims against insolvency practitioners who have breached their duty to creditors
  • Insolvency practitioners recovering assets from individuals or companies.

We focus on practical advice and take a hands-on approach with all of our clients. We take the time to understand the complex and sensitive situation you face and provide a personal, pro-active and bespoke service.

We’ve helped international corporates and fast-growing entrepreneurial businesses as well as their directors, management, and owners. We’ve also helped high-net-worth private individuals and their family investment companies.

Call us today on 0370 1500 100 for more information about how we can help you or your business resolve your insolvency dispute.

Payment options to suit your needs and circumstances
Extensive experience in advising and acting for creditors and debtors
Offices in 14 locations across the country
Professional and confidential service

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Insolvency Disputes & Litigation - More Information
    • What Is Insolvency?
    • Insolvency is a process for managing debt if individuals or companies can’t make repayments when they’re due. It’s intended to help creditors – the people that are owed money – get as much money back as possible.

      Individuals and companies can start insolvency voluntarily, and negotiate Voluntary Agreements with their creditors to arrange the best way of repaying the debt for both parties.

      If not, creditors can force their debtors into insolvency instead. This outcome is much more restrictive and the debtor can have repayments and other controls forced on them.

    • Do Insolvency Disputes Always Mean Litigation?
    • We’ll always advise on a full range of options for alternative dispute resolution – including mediation - before we move on to litigation.

      Alternative dispute resolution often means that you can resolve your dispute quicker and more cost-effectively than through litigation. Almost all of the disputes we handle are resolved well before any formal hearings.

      If it’s not possible to resolve your dispute before a hearing, you’ll have our full support through litigation too.

    • How Do I Pay For Your Services?
    • We understand that paying for our services is a concern if you’re already struggling with debt repayments or if you’re owed money by someone else.

      We can accept a variety of different payment methods depending on your situation, including hourly rates, fixed costs, or Conditional Fee Agreements (also known as ‘no win no fee’ agreements).

      We also work with a number of litigation funders who can finance the cost of claiming debt from an insolvent person or company. If the claim is successful, the litigation funder receives a pre-agreed share of the final claim. Litigation funders can also buy your claim outright for a lump sum before litigation begins.

      We’ll talk through your payment options in detail before beginning any work of your behalf and help you decided the best arrangement for you. Call us today on 0370 1500 100 to find out more.

    • Can You Help Keep My Dispute Private?
    • Confidentiality is a key concern in everything we do and we appreciate how sensitive debt and insolvency can be, particularly for business people and anyone in the public eye.

      When negotiating with your creditors, we can ensure that any settlements include a confidentiality agreement to help keep the matter private.

      We can also work with colleagues specialising in reputation management to control the impact of any information that has already leaked. See our Personal Brand Reputation page for more information.

    • Meet The Team
    • Our team includes seven Partners and over 20 staff who specialise in professional and confidential services for anyone affected by insolvency.

      We take the time to understand the often complex and sensitive circumstances involved and treat each client with a personal, pro-active, and tailored approach.

      We have extensive experience with advising and acting for both debtors and creditors. As part of one of the largest law firms in the UK, we can handle complex, high-value cases around the country.

      Meet the team

Irwin Mitchell are a very professional, trustworthy and straightforward company to deal with. I would recommend them to anyone."

Frank Clayton, client

Frequently Asked Questions

Who Can Irwin Mitchell Help With Insolvency Disputes?

Our team of specialist insolvency solicitors help with a wide variety of insolvency disputes, including both making and defending against claims. We are highly experienced at helping:

  • Private individuals facing or going through insolvency
  • Insolvent companies
  • Stakeholders and shareholders of insolvent companies
  • Directors, management, and owners of insolvent companies
  • Creditors, including banks
  • Insolvency practitioners acting as administrators or liquidators.

Our international expertise and network of worldwide legal contacts mean that we’re ready to help wherever you, your assets or your company is based. Contact us online to find out more.

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How Can You Help My Company Avoid Insolvency Disputes?

The best way of dealing with a dispute is to avoid it in the first place.

As well as advising with ongoing disputes, we can also help your company plan for and anticipate future insolvency disputes. We can advise on:

  • Structuring transactions to avoid creditors taking action against shareholders or directors
  • Capital and cash management, including finance facilities, buy backs, dividends, and capital reductions
  • Directors’ duties
  • Directors’ indemnities and insurance
  • Boardroom disputes
  • Shareholder and investor disputes
  • Remuneration
  • Managing litigation risk.

If you’d like to learn more about how our solicitors can help your company with the above issues or any others, call us on 0370 1500 100.

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What Recent Cases Have You Handled?

Our team specialises exclusively in insolvency issues and helps clients resolve disputes day in, day out. Some of our most recent assignments include:

  • Helping an individual who had been made bankrupt by the Inland Revenue for an alleged tax debt. We got his bankruptcy set aside and secured him a tax refund of £500,000.
  • Helping a Russian business group negotiate a settlement for an international claim for over £14 million that a major IT company had brought against them.
  • Helping a liquidator of a company take action against directors and shareholders suspected of wrongful dividends payments of over £1 million.
  • Advising a creditor about a complex settlement involving a £600,000 debt.
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Awards & Accreditations

We're always proud to be recognised for the work we do for our clients and have been named as a leading firm in the latest legal guides - which provide information and recommendations about lawyers and law firms in the UK.

Private Client Team of the Year - Legal Business Awards 2018 legal-500-2019 chambers-2019 The Times Best Law Firms 2019

What Our Clients Say

We truly value and appreciate the feedback we receive from our clients, as we look to improve the services we offer on an ongoing basis.

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Our Offices

Our offices are located in major cities throughout the UK and have excellent transport links.

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