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)
Corporate Restructuring & Insolvency, Dispute Resolution
The importance of anticipating the restructuring of State Guaranteed Loans
Denis looks at the importance of anticipating the restructuring of State Guaranteed Loans
Phase out of temporary restrictions on use of winding up petitions
Hannah takes a look at the recent UK Government announcement on statutory demands and the presentation of winding up petitions
Be careful what you reference: when witness evidence waives privilege
Gabrielle looks at the recent decision in Scipharm Sarl v Moorfields Eye Hospital NHS Foundation Trust and its impact on privilege
Weighing in on the importance of attention to detail in service cases
Rory looks at recent judgments that have emphasised the need to follow correct procedure when serving documents in court cases
Property Patter: the whys and wherefores of receivership
What is a fixed charge receiver?
Temporary restrictions on winding-up petitions extended until 30 September 2021
As the restrictions are extended, read what it means for you here.
Property Patter: the news so far on landlord challenges to retail CVAs
We review some of the recent high-profile landlord challenges to tenant CVAs,
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
Roger Elford quoted by React News on the use of restructuring plans
Restructuring plans can make it easier to overcome opposition from dissenting creditors.
The Lawyer, New Law Journal, International Adviser, CDR Magazine and eprivateclient report on the firm's partner promotions
Charles Russell Speechlys promoted five lawyers to partner, effective 1 May 2021.
Charles Russell Speechlys promotes five to Partner
The promotions are effective 1 May 2021 and are accompanied by one Legal Director and 15 Senior Associate promotions.
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.
Case Study: One Blackfriars Limited
An informative and positive judgment for administrators selling high-value property in distressed and complex scenarios.
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.