As a result of the ongoing pandemic, many businesses will be facing challenging times due to disruption of their business activities. More than ever organisations will need to be flexible and make tough decisions to remain resilient in the years to come.
Dealing with financial distress is often complex, challenging and time critical, and having access to an experienced and specialist legal team which is responsive, commercially minded and quick thinking can make a real difference to the outcome of your situation. This includes keeping you abreast of the latest developments in insolvency law, including the recent reforms introduced by the Corporate Insolvency and Governance Act (CIG) 2020, many of which were introduced to offer greater confidence to directors to keep businesses trading during the current pandemic. We have the expertise to offer specialist advice on how such legislation would affect you and suggest tailored solutions to the complex issues you are facing.
We act for insolvency practitioners, lenders and financial institutions, companies, directors and stakeholders on the full range of contentious and non-contentious insolvency work. Among the issues we advise on are:
- Restructuring of solvent and insolvent companies
- Pre-formal insolvency advice and planning
- Cross-border insolvency and COMI issues
- Advice on directors’ duties and liabilities concerning distressed or insolvent companies
- Formal insolvencies, including administrations, liquidations (solvent and insolvent) and bankruptcies
- Informal insolvencies, such as Company Voluntary Arrangements and Individual Voluntary Arrangements
- Security reviews on existing or proposed loans
- Strategic acquisitions of insolvent businesses and assets from insolvency practitioners
- Advice to investors in distressed or insolvent companies
- Litigation and recovery actions
- Tenant insolvency and other real estate related insolvency situations
- LPA and other fixed charge receiverships
- Asset tracing
- Directors’ disqualification proceedings
Should you find yourself at risk of insolvency or entering formal insolvency procedures, you may be subject to investigations that could lead to complex domestic and cross-border litigation. As part of a cross-office and firm wide investigations group, we can help you obtain and resist the types of emergency relief that businesses in trouble often require.
The cost of resolving disputes can be one of the biggest concerns for individuals and businesses and it can determine whether you even consider pursuing a legal claim. We utilise our bespoke litigation funding product, Feesible, to offer you a variety of ways that funding for a claim can be structured and risk can be managed between us.
If you would like to talk to our team about how we can help, we would be happy to discuss your particular concerns and identify the best route forward.
Meet the team
International Partner (England & Wales and British Virgin Islands)
No “New Look” in the latest landlord challenge to a tenant CVA
Daniel and Hannah look at the impact of the recent New Look CVA judgment
Adding claimants pre-service and amending outside the limitation period: pitfalls for the unwary
Sonia looks at a recent High Court judgment and its important guidance on the ability of claimants to be added to a claim before service
Damages-based agreements: an island of clarity in changing seas
Simon, Joe and Lauren look at a recent judgment which is a welcome island of clarity in the damages-based agreement sea of uncertainty.
Patrick Gearon FCIArb
Insolvency Legislation in the GCC
The interesting times of the last 14 months were preceded by the interesting times of the financial crisis of 2008/2009.
Warranties on an indemnity basis: a question of damages
John and Simon take an in-depth look at warranties on an indemnity basis
Property Patter: The trendy option – FAQs on tenant CVAs
Listen in for the answers to FAQs on tenant Company Voluntary Arrangements
Disclosure and documents referenced in expert reports: a level playing field?
Sonia looks at the impact of the recent High Court decision in Zverev v Ace Group International Ltd
Property Patter: The “bubble wrap” option – FAQs on tenant administration
The team look at some key points on tenant administration.
Court clarifies the meaning of “value” within the context of s284 Insolvency Act 1986
Roger and Jess explore the meaning of “value” within the context of s284 of the Insolvency Act 1986 following recent clarification.
Dimitri A. Sonier
Charles Russell Speechlys successfully advises Europlasma on its restructuring plan
Paris restructuring and insolvency team help their client reduce net debt by 95%.
Durra Al Ali
“Subject to contract” wording in settlement negotiations: a label that sticks
Durra looks at the term “subject to contract” and how it was put to the test in Joanne Properties Ltd v Moneything Capital Ltd and another.
Dimitri A. Sonier
The French Government extends exceptional insolvency measures related to the COVID-19 crisis up to the 31st December 2021
Many of the measures of the French Ordinance No. 2020-596 were due to expire on 31 December 2020.
Recent case highlights the importance of correctly declaring dividends
Francesca looks at the importance of correctly declaring dividends
Privilege and Fraud – when can the iniquity exception override legal professional privilege?
Jason and Heidi look at when the can iniquity exception override legal professional privilege
Adjudicating Construction Disputes and Enforcement – Practical Tips for Insolvency Practitioners
Jason looks at adjudicating construction disputes and enforcement and offers practical tips for Insolvency Practitioners
Safeguarding search orders and the role of public interest: lessons to be learned from recent case law
Caroline looks at lessons to be learned from the recent decision in Calor Gas Ltd v Chorley Bottle Gas Ltd and others
Charles Russell Speechlys advises ALDO UK's administrators, RSM, on the sale of the business and assets
Our Corporate Restructuring & Insolvency team has advised ALDO UK's administrators, RSM, on the sale of the business and assets.
French reform on provisional enforcement by Law and why it matters to civil and commercial disputes strategy in France
Simone looks at the French reform on provisional enforcement by Law and why it matters to civil and commercial disputes strategy in France.
Turbulent Times for Virgin Atlantic!
Hannah looks at Virgin Atlantic's plans for a private-only solvent recapitalisation
COVID-19: security for costs in an economic downturn
Caroline looks at a recent case where a party seeks to use COVID-19's economic consequences to support their security for costs application.