Specialist legal advice for a business in distress

There are many reasons and factors as to why a business might become financially distressed and its future at risk. It may be that your business goes into administration as a result of a series of decisions, or one major change in the marketplace might mean that your business can no longer operate as usual.

Our specialist solicitors have the expertise to review your current situation and advise on steps you can take to help the recovery of your business or to guide you in winding it down with the minimal possible damage. In some case, you may decide to exit or sell your business and we can provide you with all the legal guidance and support you need.

Managing a business in distress is not easy and can take its toll. Working with lawyers who are sensitive to your needs and take time to understand your business can make a real difference. We are committed to providing commercial and pragmatic legal advice in plain English and we will always be upfront about our fees. Our goal is to make the process as pain-free and cost efficient as possible.

How we can help you

Restructuring and insolvency solicitors

By seeking advice early, it may be possible for a business to avoid formal insolvency proceedings. Our restructuring and insolvency solicitors provide practical, pragmatic and commercially astute advice. Where possible, our goal will be to help you save your business and put it on a path to recovery.

Our expertise includes:

• Advising on when and how to restructure a business
• Guiding the business on its rights and on the potential actions that can be taken to preserve their interests
• Ensuring directors are clear on their duties under the Insolvency and Companies legislation
• Pursuing unlawful dividend and breach of director duty claims
• Acting for insolvency office holders in respect of the whole range of formal insolvency appointments

Corporate and commercial expertise

At the core of your business is its corporate structure and commercial agreements. Taking time to review these with a legal expert is essential for companies in financial distress.

Our expertise includes:

• Advising on additional funding, including investor agreements, sales of shares and refinancings
• Explaining your corporate restructuring and reorganisation options
• Advising on business disposals and mergers
• Reviewing and making changes to commercial agreements, including payment terms
• Resolving commercial disputes and contractual disputes
• Advising on your regulatory obligations

Employment solicitors

One of the biggest concerns of many business owners when their business becomes distressed is their workforce. Making money-saving decisions that involve people’s jobs can be tough and must be handled with care. Our employment solicitors and HR consultants have the expertise to guide you in the best approach to take, ensuring any process you undertake is fair and follows best practice.

• Guiding you through the redundancy process, including collective redundancies
• Advising on managing your workforce through corporate restructuring and reorganisation
• Reviewing your employment contracts and board level agreements
• Resolving employment disputes
• Preparing settlement agreements

Property specialists

Changes in your business’s structure and financial arrangements may mean that your commercial property requirements must change or that you have missed rent payments, leaving your business compromised. Our commercial property and property litigation experts have worked with many distressed businesses and can support you in protecting your interests.

Our expertise includes:

• Tenant lease property portfolio management
• Resolving and avoiding property disputes, including mediation and arbitration
• Understanding and acting on break clauses
• Reviewing and revising property agreements

Debt Recovery team

Recovering unpaid monies due to your business can be pivotal in the future of your business and specialist advice can make all the difference. Our Debt Recovery team work hard to recover outstanding debts fast and cost effectively, and often without the need for formal legal action.

Our expertise includes:

• Collecting debts owed to your business by pre-legal and legal action
• Arranging payment agreements
• Debt recovery advice including credit control and credit management advice

Contact a solicitor now for expert advice

For a free, no-obligation chat, request a call back or contact one of our specialist lawyers for expert advice on managing a business in distress including disposals and exit planning.

Clarke Willmott has offices in Birmingham, Bristol, Cardiff, London, Manchester, Southampton and Taunton.