Insolvency & Director Disqualification

Our services include:

• Advice immediately following company insolvency
• Responding to Insolvency Service enquiries and information requests
• Advising on and responding to Section 16 letters
• Drafting detailed written representations
• Reviewing financial records and evidential material
• Negotiating disqualification undertakings
• Challenging proposed disqualification periods
• Defending court proceedings where an undertaking has not been reached

We provide realistic advice on prospects, litigation risk, costs and likely outcomes so that you can make informed decisions.

Early Advice Following Insolvency

Early legal advice can significantly affect the outcome of any investigation.

We advise directors:

• Immediately after liquidation or administration
• Before formal investigation begins
• Where concerns arise regarding trading, record-keeping or loans
• On duties during financial distress
• During correspondence or informal enquiries from The Insolvency Service

Proactive advice at this stage can narrow issues, clarify misunderstandings and reduce the risk of formal proceedings.

Insolvency Service Representation

If you are under investigation, we can assist with:

• Reviewing allegations and supporting evidence
• Analysing Insolvency Practitioner conduct reports
• Preparing formal written responses and representations
• Advising on mitigation and evidential strategy
• Managing communication with investigators
• Preparing evidence and court bundles where required

Our focus is on presenting your position clearly, accurately and proportionately.

Pre-action Stage and Court Proceedings

Where disqualification proceedings are proposed, we advise on:

• Assessing whether allegations should be contested
• Advising on negotiation versus litigation strategy
• Preparing tailored defences based on the specific facts of your case
• Advising on reduction of proposed disqualification periods
• Advising on costs exposure and procedural risk
• Representation in court where required

How we can assist you?

We advise on legal risk connected to:

• Trading while insolvent
• Wrongful trading
• Misuse of Bounce Back Loan Funds
• Preference or undervalue transactions
• Personal guarantees

Our role is both preventative and defensive. We help directors understand their legal position and respond appropriately.

Fees & Consultation

We offer free initial advice to discuss your situation and outline potential next steps.

If you wish to proceed with formal legal advice, consultations are charged at a reduced rate of £150 + VAT per hour.

Where appropriate, we provide fixed fees per stage of work, including:

• Investigation stage advice
• Section 16 response
• Undertaking negotiation
• Court proceedings

Fees are discussed transparently at the outset so that you understand the scope and structure of costs before work begins.

To book a consultation, please contact us.