Restructuring and Insolvency
“The set offers expertise in major multi-jurisdictional claims, and is also adept at handling insolvency cases involving partnerships and pension schemes.”
(Restructuring/Insolvency, Chambers UK 2019)
We have a large team of restructuring and insolvency barristers, with expertise in all aspects of insolvency litigation and legal advisory work, including in cases with a significant international dimension. We are regularly nominated for awards and many of our barristers are ranked highly in the legal directories.
We work with clients across a broad range of sectors, including corporations, financial institutions, government bodies, pension schemes and partnerships, as well as private individuals and their estates. We have extensive experience working closely with solicitors, insolvency practitioners and other professional advisors, and pride ourselves on our collaborative approach.
Radcliffe Chambers barristers are able to advise on all aspects of solvent and insolvent corporate restructuring, including administrations, CVAs, restructuring plans and schemes of arrangement.
Corporate insolvency litigation
We work in all areas of corporate insolvency law, including administrations, liquidations receiverships and company voluntary arrangements. We have substantial experience in claims arising in these areas, including claims for the adjustment of prior transactions, misfeasance proceedings, wrongful and fraudulent trading, tracing and recovery of corporate assets, the appointment of provisional liquidators, private examinations, winding-up petitions, applications for rescission, validation orders, remuneration applications and disqualification proceedings. Several of our barristers have been appointed to the Attorney General’s panels and the Secretary of State’s panel for directors’ disqualification matters.
Personal insolvency litigation
We also cover all aspects of personal insolvency law, including contested statutory demands, bankruptcy petitions, forum shopping disputes, validation orders, annulments, IVAs, sale and possession of property, tracing and recovery of assets, claims for the adjustment of prior transactions, private and public examinations, applications to limit disclosure of details, insolvency administration orders, trustee’s remuneration, suspensions from discharge and bankruptcy restrictions orders.
Our Restructuring and Insolvency Barristers
Our barristers have experience at all levels, from QCs to newly qualified juniors. This means that we can offer a comprehensive service, whether you need a multi-counsel team for a large scale, cross-jurisdictional case, an expert’s advice on a discrete point of law, or assistance obtaining urgent interlocutory relief, such as worldwide freezing orders or injunctions restraining the advertisement of winding up petitions.
Many of our barristers contribute to Insolvency Litigation: A Practical Guide, published by Sweet & Maxwell, which is co-authored by Adam Deacock.
Please click below to view members of our team:
- Adjustment of prior transactions
- Applications for rescission
- Appointment of liquidators
- Asset tracing and asset recovery
- Bankruptcy petitions
- Bankruptcy restrictions orders
- Contested statutory demands
- Directors’ disqualification
- Forum shopping disputes
- Insolvency administration orders
- Misfeasance proceedings
- Private examinations
- Public examinations
- Remuneration applications
- Restructuring plans
- Sale and possession of property
- Schemes of arrangement
- Suspensions from discharge
- Trustee’s remuneration
- Validation orders
- Winding up petitions
- Wrongful and fraudulent trading
Restructuring and Insolvency Litigation Cases
Radcliffe Chambers has vast experience in restructuring and insolvency matters. Past cases in this area include:
- Re Regis UK Limited  EWHC 1294 (Ch) – Acting for the respondent nominees defending the landlords failed attempt to force the nominees to return their fees and in their bid to establish a meaningful precedent in their ongoing fight against CVAs.
- Re A Company  EWHC 1551 (Ch) – Representing creditors in a dispute over the implications and application of the then-Corporate Insolvency and Governance Bill, shortly before it was enacted, in one of the first decisions on that legislation.
- Lau v Cowley & Anor  EWHC 2429 (Ch) – Acting for the successful trustees in bankruptcy in the first reported case on the service requirements in schedule 2, CBIR, in which it was held that the Court had the power to retrospectively sanction steps already taken to serve a recognition application on the debtor outside of the jurisdiction.
- Re HMV Ecommerce Ltd  2 BCLC 288,  BPIR 13 – Appearing in a case concerning the electronic filing of a notice of an administrator’s appointment out of hours.