Insolvency

 

What our Insolvency Barristers offer

Kings Chambers’ dedicated team of Insolvency barristers has a well-earned national reputation for its strength across various levels of call from senior silks to junior juniors. The team has very extensive experience of all aspects of insolvency, personal and corporate, contentions and non-contentious, domestic and cross-border, and represents insolvency practitioner office-holders, respondents and defendants to insolvency and related claims, creditors and other interested parties and stakeholders. Our barristers appear regularly in reported cases and can work individually or as part of a team, as required.   Many of our barristers are consistently recommended in Chambers & Partners and the Legal 500 as leaders in the field of restructuring and insolvency and appear in high profile cases.

Our barristers are fully conversant with the very latest developments in the law and practice in the ever-changing world of insolvency and provide seminars, publications and workshops for professional audiences.

 

Areas of Insolvency Law we cover

Typical work undertaken by the team includes:

• Transaction avoidance (transactions-at-undervalue, preferences, transactions-defrauding-creditors etc)
• Material irregularity and unfair prejudice claims
• Disputes concerning creditor claims and creditors’ meetings
• Provisional liquidations
• Liquidations (all aspects, including asset recovery, transaction avoidance, misfeasance proceedings, wrongful and fraudulent trading claims)
• Administration (all aspects, including applications, challenges to appointments, extensions and distributions)
• Bankruptcy (all aspects, including transaction avoidance, statutory demands, petitions, asset recovery, issues over the matrimonial home)
• Receivership (LPA, administrative and court-appointed)
• Schemes of arrangement and contractual work-outs
• Voluntary arrangements (individual, company and partnership, all aspects)
• Public and private examinations and the interviewing of respondents
• Office-holder remuneration
• COMI and issues under the EC Regulation
• Mainstream commercial litigation involving insolvency issues arising out of related disputes such as accessory liability (dishonest assistance and knowing receipt), trust claims, retention of title, estoppel and waiver
• Injunctive and interim relief applications associated with Insolvency Act and related claims
• Disciplinary matters involving insolvency practitioners and their regulatory bodies
• Mediation and alternative dispute resolution

 

What the directories say about our Insolvency Law Barristers

Chambers UK 2019 – Insolvency Northern

Highly regarded commercial set with a good bench of barristers who practise in insolvency litigation. The set's clients include administrators, directors and debtors, and it is home to barristers who are capable of acting in relation to personal as well as company insolvency. The barristers have acted in important cases including one which established that third party payments to settle bankruptcy debts and expenses are not subject to Secretary of State fees.

Chambers UK 2019 – Insolvency North Eastern

“Handles claims relating to a wide range of insolvency and restructuring matters, including liquidation, administration, director disqualification proceedings and others. The barristers represent numerous participants in insolvency proceedings including directors and administrators. A notable recent case undertaken by members is Safier v Wardell, which established the non-application of Secretary of state fees to funds paid by a third party on bankruptcy annulment.”

Client service: 

"The clerks help you out and are flexible on fees."

The clerking service has always been very good and the clerks are very obliging." 

"The clerks are obliging and Gary Young is an outstanding leader of the commercial clerks."

Barristers in this practice area

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