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.

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Investigating your concerns

In times of financial distress a director’s duty changes from acting in the interests of shareholders to acting in the interests of the company’s creditors.

Our insolvency investigation team combines 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 and 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. We are very happy to take this kind of investigation work on a no win no fee basis.

Bringing a claim

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, call our UK market leading specialist investigations team who can help advise you through the process.

Mike Jenner

Director & Head of Investigations

Mike is a Director and fraud investigator heading up the investigations team specialising in all aspects of contentious insolvency as well as protecting the interests of creditors of insolvent companies and individuals.

A Certified Fraud Examiner with over 35 years’ experience in investigative insolvency who works closely with solicitors and barristers at all stages of litigation from pre-issues of proceedings to trial.  

Highly experienced in all aspects of asset tracing and recovery, civil litigation, settlement negotiation, investigative interviewing, fraud investigation, anti-money laundering, directors’ disqualification and prosecution and has sector experience in payroll fraud.

Awarded Certified Fraud Examiner status by the Association of Certified Fraud Examiners in 2002 and is a member of the Fraud Advisory Panel.

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 upfront premium as that is covered by the policy.

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