Insolvency
We believe that the best approach to assist a client in the distressing situation of insolvency is to try to place ourselves in their position. This allows us to fully appreciate what drives the client and to understand what their own business or personal objectives are. We believe that by doing this, we are able to provide the most appropriate strategy for the client and to advise them on the best way forward.
Our Expertise
Acting on behalf of Insolvency Practitioners
At ASW, we have a dedicated team with experience of all types of transactional avoidance claims on behalf of officeholders; whether it be a corporate or individual insolvency matter. We are instructed regularly in matters relating to civil fraud and asset tracing. This often involves interlocutory and post-judgement remedies such as freezing injunctions, disclosure orders and other injunctions related to the preservation and protection of assets.
We utilise our expertise in other areas such as commercial and residential property, property litigation, and contentious tax litigation to assist in proceedings on behalf of insolvency practitioners and/or the insolvent estate. In particular, our tax litigation experience assists in formulating claims where trading has taken place to the detriment of HMRC and/ or where the directors of an insolvent company have been culpable in incurring penalties against the company for wrongdoing.
We have recently initiated and settled significant litigation against directors of former businesses that had traded fraudulently in evading VAT, PAYE and Business Rates to the detriment of Local Authorities and HMRC.
We also advise officeholders, at the commencement of the case, in relation to some practical considerations to aid the management of the litigation.
Acting for Directors and Individuals
Whilst the majority of our instructions involve acting on behalf of officeholders, we also regularly act on behalf of individuals and directors who are subject to claims, whether under guarantee or subject to claims from Liquidators/ Administrators/ Trustees.
We also advise and represent directors in relation to Director Disqualification Proceedings, with our Matthew Whyatt having turned from “gamekeeper to poacher” following a significant period of time working for the Insolvency Service investigating and disqualifying directors.
Matthew Whyatt has previously successfully advised a husband and wife, having had their assets frozen, to settle historic and significant acrimonious litigation with the liquidators of their former company on extremely favourable terms. This settlement did far more than simply put an end to the litigation for the clients, allowing them to move on with their lives without the worry and stress that they had been living with for a number of years.
If you are involved in a dispute and need advice, please contact our Litigation and Dispute Resolution Team on info@aswlegal.co.uk in the first instance, providing a general overview of your matter, so that we can provide you with our initial thoughts on your matter.