Contentious Insolvency

The ability to investigate and recover assets can be enhanced in the context of a formal insolvency appointment. By acting quickly, the wide ranging investigative and recovery powers of an insolvency practitioner, under the Insolvency Act 1986, can be used to obtain records and gain control of assets both in the UK and internationally.

These powers enable us to force uncooperative directors or debtors to provide information, and to gain assistance from third parties such as accountants, bankers, solicitors and other financial advisers.

During this process, early action can be essential for success and, in bringing together insolvency practitioners, specialist investigators and forensic accountants, we have the in-house capabilities at hand to swiftly formulate the optimum recovery strategy.

We draw on our extensive experience of dealing with complex and contentious matters involving fraud, corruption, ‘antecedent’ transactions and director/officer holder misfeasance to deliver results.

We are experts in managing insolvent estates (including bankruptcies) and investigating fraudulent and negligent behaviour that has led to loss, tracing funds flows and determining the location of assets for recovery.

We regularly work with lawyers in bringing claims and, as a commercially focused firm, we are constantly aware of the need to deliver a tailored service to our clients, designed to maximise returns.

Our contentious insolvency support

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Our award winning team is experienced in bringing and defending claims and advising on the following:

  • Wrongful trading claims;
  • Fraudulent trading claims;
  • Insolvency criminal offences cases;
  • Insolvency practitioner negligence cases;
  • Directors’ disqualification cases;
  • Asset tracing and recovery;
  • Sales of assets at ‘under-value’;
  • Misappropriated assets;
  • Claims relating to office-holders’ fees; and
  • Valuations of businesses.

In addition, members of our team act as expert witnesses in disputes including those relating to failed businesses.

Through our global network, HLB International, a dynamic network of worldwide accounting firms and business advisors, servicing clients in over 150 countries, we can collaborate with our global colleagues to assist in recovering assets and bringing claims against those accountable for fraud, misfeasance, or breach of duty. Our extensive experience means we are also well placed to advise you if you find yourself on the receiving end of such a claim.


Why Menzies?

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We pride ourselves on adding value during all phases of our work – from initial assessment and analysis, detailed investigations and quantum assessment, to expert evidence if required. Although our role is to be objective and credible, we are passionate about achieving optimal results for our clients.

For further information, or to discuss your circumstances, please contact us via the form below.

    Service head

    Rachel Lai - FCCA FIPA FABRP

    Partner

    Rachel Lai is a Partner in Menzies Business Recovery advisory team in Cardiff and an experienced business insolvency adviser.