Specialist restructuring advisers and insolvency solicitors

Clarke Willmott’s specialist team of restructuring and insolvency solicitors is led by six partners with a combined total of over 100 years’ experience and expertise across a wide range of sectors involving UK and international jurisdictions.

We act for directors, stakeholders, insolvency office holders and a government department.

We are known for being creative and innovative lawyers and our in-depth knowledge and technical expertise ensures we provide practical, pragmatic and commercially astute advice.

How our specialist solicitors can help

Acting for stakeholders

Wherever possible our focus is on recovery of the business and its corporate structure. By seeking expert legal advice quickly, it may be possible for a struggling organisation to avoid formal insolvency proceedings all together. We are experienced in dealing with the particular issues a business in financial distress is faced with, including insolvency, restructuring, refinancing and commercial dispute resolution.

Our involvement with a distressed business can take many different forms, for example:

Advising stakeholders and management on when and how to restructure a business including advice on finance, security and related issues
Advising directors on their duties under the Insolvency and Companies legislation. We frequently sit alongside the management of a business, using our network of contacts to form a team to devise and implement a turnaround strategy.
Advising turnaround professionals/interim managers on their engagement, role and responsibilities and assisting them and the client company’s management on strategy and implementation.
Advising investors and creditors on their rights and on potential actions that can be taken to preserve their interests or enhance their recovery in a potentially insolvent company
Advising banks and asset-based lenders on the validity and strength of their security and on options for enhancement and/ or enforcement
Advising individuals or companies on potential investment in, or acquisition of, distressed businesses.
Advising other creditors on security interests, retention of title, liens or other proprietary interests in the assets of an insolvent or distressed business

Acting for insolvency office holders

Acting for insolvency office holders in respect of the whole range of formal insolvency appointments including advising on appointment issues, business and asset sales, priority of security and advice on creditor claims generally
Investigating the causes of insolvency and pursuing claims in respect of antecedent transactions, wrongful and fraudulent trading claims
Pursuing unlawful dividend and breach of director duty claims
Claims against third parties in dishonest breach of trust and related claims
Advising on challenging Employee Benefit Trust schemes
Advising generally on the recovery of assets from off-shore trusts.