Claims against companies and directors

If you are a creditor or a professional advisor to a creditor of an insolvent company and wish to see claims brought against a director our team can help investigate your concerns and advise you whether there are viable claims that can be pursued.  In times of financial distress a director’s duty changes from acting in the interests of shareholders to acting in the interests of acting for the company’s creditors.

Our insolvency investigation team combine experience of asset tracing with knowledge of accounting systems to identify whether financial information in relation to transactions has been preserved as part of the insolvency process.  Based on the outcomes our team can pursue claims against directors.  It may be possible to bring claims against a director for:

• Negligence
• Misfeasance
• Breach of statutory duty
• Breach of fiduciary duty in common law

The Insolvency Act 1986 provides a mechanism for insolvency practitioners to take these types of claims for the benefit of creditors and shareholders.

We can offer you:

• Director-led project teams to ensure you receive the highest level of service
• Dedicated points of contact to ensure you are kept up to date with progress

Working with lawyers

We work with our own lawyers or we will happily work with creditors’ choice of lawyers to bring about these claims and in turn provide more successful outcomes for creditors.  Equally we are very happy to take this kind of investigation work on a no win no fee basis.

Bringing a claim against an insolvent company can be an extremely complicated process, full of risks and hurdles that need to be overcome.  It is essential that you seek professional and independent advice at your earliest opportunity.

ATE Insurance

If it is necessary to issue legal proceedings we can obtain After the Event (‘ATE’) insurance so adverse legal costs involved in the claim are covered and you won’t have to worry about having to indemnify the insolvency appointment taker.  With some ATE insurance you won’t have to pay an up front premium as that is covered by the policy.

If you are a creditor who is unsure of your next step in bringing a claim against a director of an insolvent company call our UK market leading specialist investigations team who can help advise you through the process on 0800 331 7417