Litigation & Disputes
Insolvency can have a devastating effect on individuals and businesses, whether they are insolvent themselves or whether it is the insolvency of others connected to them. Whilst the economy is improving, we recognise the current economic climate remains challenging for businesses of all sizes, as well as the individuals behind such businesses.
W Davies provides practical advice and assistance in respect of all insolvency related issues, and those affected by it.
We can advise companies, individuals, partnerships, insolvency practitioners, liquidators, LPA receivers, directors, accountants and trustees in respect of any aspect of insolvency. We can also undertake any court action or procedure as may be appropriate or necessary.
We can also advise creditors and businesses in respect of any potential or actual insolvency of a supplier or customer, and what practical and legal debt recovery steps can be taken in order to protect the business as much as possible in respect of debtors in the future. Please see the Debt Recovery section of our Dispute Resolution page for further information.
W Davies can also introduce clients to suitable Insolvency Practitioners.
Our areas of insolvency expertise include issues relating to:
- IVA (Individual Voluntary Arrangements)
- Court proceedings
- Pre-packs & Restructuring
- Administrative Receiverships
If you are concerned by any issue relating to insolvency, then please call us for a confidential chat. We would be delighted to help.
W Davies advises corporate clients of their options in respect of any potential insolvency of their business, and if necessary can put them in touch with suitable Insolvency Practitioners. We can also advise directors of any ramifications that the insolvency of their company may have on them personally.
Often the ‘tipping point’ forcing a company into insolvency is the liquidation of a key customer owing considerable monies. We can, in conjunction with any Insolvency Practitioner appointed, undertake any necessary court action on the company’s behalf to pursue such monies (and that owed by others).
We regularly advise corporate clients on how to avoid and minimise the risks insolvency poses to their business. This includes possible restructuring, reviews of floating charges, loan arrangements, terms and conditions, retention of title clauses, factoring of debts and customer profiling and credit control.
We also advise businesses and directors of liquidated companies in respect of actions or threatened actions against them by the liquidator in respect of preference and transactions at an undervalue claims, as well as any claims of misfeasance and wrongful trading or director disqualification proceedings.
We also advise businesses and directors on:
- Statutory demands and applications to set aside
- Winding up
- Personal Guarantees
- Disputed debts & debt restructuring
- Insolvency litigation
- Turnaround issues
- Retention of Title issues.
W Davies are prepared to take on suitable matters under Conditional Fee Agreement/ Contingent Fee/ Deferred Fee or Third Party Funding arrangements, as appropriate.
W Davies fully understands the tremendous impact bankruptcy can have on your life and on those around you.
We will assess whether bankruptcy is an appropriate option for you if you have assets to protect, or whether debt management with key creditors or a voluntary arrangement would be more beneficial and suitable alternative. We can put you in touch with a suitable Insolvency Practitioner if necessary and advisable.
W Davies advises on all aspects of personal insolvency, ranging from bankruptcy to voluntary arrangements and includes:
- Setting aside Statutory Demands
- Annulment of bankruptcy orders
- Trustee in Bankruptcy issues
- Insolvency Litigation
We also advise former directors of liquidated companies in respect of actions or threatened actions against them by the liquidator in respect of preference and transactions at an undervalue claims, as well as any claims of misfeasance and wrongful trading or director disqualification proceedings.
If you are concerned by your solvency or have been served with a Statutory Demand, then please call us for a confidential chat.