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Insolvency

Insolvency Disputes & Litigation

Disputes and litigation are 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 helps resolve unpaid debts between people or companies and their creditors. But disputes can continue with stakeholders, shareholders, banks and insolvency practitioners once insolvency starts.

Serious insolvency disputes can lead to legal claims. These can be costly and time-consuming. Our lawyers can help you resolve your dispute so you can avoid a lawsuit.

Who Can Irwin Mitchell Help?

Our 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.

Why Choose Irwin Mitchell?

We focus on practical advice and take a hands-on approach with all our clients. We take the time to understand the complex and sensitive situation you face.

Our lawyers help international corporates, SMEs and their directors, management, and owners. We’ve also helped high-net-worth 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.

Payment options to suit your needs and circumstances
Extensive experience in advising and acting for creditors and debtors
Offices in 15 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. The process helps creditors – the people that are owed money – get as much money back as possible.

      Individuals and companies can start insolvency voluntarily. They can 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. This is much more restricting and the debtor can have repayments and other controls forced on them.

    • Do Insolvency Disputes Always Mean Litigation?
    • We’ll always look at all your options – including mediation - to help resolve a dispute before moving on to litigation.

      Alternative dispute resolution (ADR) is often quicker and more cost-effective than litigation. ADR is a process where an independent person or organisation helps you resolve a dispute without going to court. They use different ways to help like mediation or looking at evidence to make a decision. Most of the disputes we handle are resolved 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 different payment methods depending on your situation. We can offer 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.

      You’ll get a full walk through of payment options before we begin any work for you. We’ll help you decide what’s best for your situation. Call us today on 0370 1500 100 to find out more.

    • Can You Help Keep My Dispute Private?
    • Our team understand how sensitive debt and insolvency can be, particularly for business people and anyone in the public eye.

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

      If information has already leaked, our brand reputation solicitors can help to minimise the damage. See our Personal Brand Reputation page for more information.

    • Meet The Team
    • Our team includes seven Partners and over 20 staff. All specialise in professional and confidential services for anyone going through insolvency.

      We’ll give you a personal and pro-active approach to your complex and sensitive situation.

      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. Whether you’re making or defending against a claim, we can help:

  • 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.

We can help wherever you, your assets or your company are based with our international expertise and network of worldwide legal contacts. 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?

Some of our most recent assignments include:

  • Helping an individual who’d 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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