Insolvency Litigation
Our Insolvency Litigation Team advises clients on all aspects of corporate insolvency where disputes arise before, during, or after the insolvency process.
We regularly advise on asset recovery, director claims, creditor enforcement, and disputes concerning the conduct of insolvency proceedings. Whether a client is seeking to take action or defend a claim, we provide strategic, commercially focused advice tailored to the urgency and complexity of the situation.
We are also experienced in dealing with interim court applications, emergency relief, and disclosure orders. Our team acts quickly and decisively to protect your interests when timing is critical.
Debt Recovery
Our Debt Recovery specialists have in-depth knowledge across a range of sectors. We use innovative ways to recover debts and market-leading case management. Clients recommend us for our approachability, range of options, service excellence and significant cost reductions.
Read more on our Debt Recovery page.
Statutory Demands
A statutory demand is a formal written notice issued by a creditor to a debtor, indicating the creditor’s intention to initiate legal proceedings to establish the debtor’s insolvency unless the outstanding debt is paid or a mutually agreed repayment arrangement is made.
Once a statutory demand is received, the recipient has several options:
- Apply to have the demand set aside within 18 days of receipt;
- Pay the debt in full;
- Propose a payment plan by instalments; or
- Provide security against the debt.
Winding-up Proceedings and Orders
A winding-up petition is a formal request to the court to place a company into compulsory liquidation on the basis that it cannot pay its debts.
If a debt remains unpaid after a statutory demand has been served, a creditor may initiate a bankruptcy petition for individuals or a winding-up petition for companies. Should the court grant the petition, a winding-up order will be issued, resulting in the company entering compulsory liquidation. This process typically includes freezing the company’s bank accounts.
If your company has been wound up, you may apply to the court to have the winding-up order set aside. This application must be made within seven days of the order and must be supported by evidence showing that the company is solvent. Preparing such an application requires a high evidential threshold, speak to one of our solicitors today to find out how we can assist.
Injunctive Relief
If you need to preserve or prevent the loss of an asset, protect against personal harm, prevent loss or damage to or otherwise safeguard business or personal interests, it may be necessary to apply for an injunction.
An injunction is a court order that either stops someone from doing something or requires them to take a specific action. Injunctions are used in urgent situations – for example, to stop the sale of assets, prevent the misuse of confidential information, prevent someone from breaching a contract or to freeze a bank account.
Injunctions are serious and often time sensitive. If granted, they can take immediate effect. If you need an injunction or receive notification that someone has applied for injunctive relief against you, it is important to act quickly.
Our team can advise on or help apply for and obtain injunctions in the following situations:
- Preventing misuse if confidential information
- Freezing orders
- Preventing nuisance and trespass
- Preventing breach of contract
- Preventing breaches of intellectual property rights including trademark and copyright infringement
- Enforcing restrictive covenants including non-compete and non-solicitation clauses
- Restraining winding up petitions
- Requiring a party to perform a specific act.
- Norwich Pharmacal orders
- Privacy matters
Key Contact
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Frequently Asked Questions
Find answers to your most pressing questions about our services and processes.
What happens after a statutory demand is served?
The recipient has 21 clear days to pay the debt, reach an agreement or otherwise respond. If no satisfactory response is received, the creditor may issue bankruptcy (for individuals) or winding-up proceedings (for companies) against the debtor.
Can I challenge a statutory demand?
Yes. If you believe the debt is disputed or there is a valid counterclaim, you can apply to set aside the statutory demand. This application must be made within 18 days of receiving the demand (for individuals).
Are there any risks of ignoring a statutory demand?
Failing to respond can result in serious consequences, including a bankruptcy petition (for individuals) or a winding-up petition (for companies), which may lead to the freezing of assets and compulsory liquidation.
Can a winding-up order be reversed?
Yes, but only in limited circumstances. A company can apply to rescind the winding-up order within seven days of the order being made and must provide evidence to the court that the company is not insolvent.
What are the consequences of a winding-up petition being granted?
If the court approves the petition, a winding-up order is issued. The company then enters compulsory liquidation with its assets being managed by a liquidator. The company will no longer be able to trade with bank accounts typically being frozen.
Can a company oppose a winding-up petition?
Yes. The company may file a formal response and supporting evidence. Speak to one of our solicitors today to find out how we can assist.