Insolvency & Business Recovery
Our Insolvency, Banking and Finance and Real Estate teams are vastly experienced in insolvency and business recovery work, supported by our other specialist groups, and provide a full service offering so that our clients’ needs are met without having to look elsewhere.
We act for a broad range of stakeholders, including lenders, shareholders, creditors, insolvency practitioners and directors of companies. The scope of advice includes sales by and purchases from insolvency practitioners, solvent and insolvent restructurings and schemes of arrangement, debt-for-equity swaps, disposal of non-core assets and advice in respect of wrongful and fraudulent trading.
Our Banking team has advised lenders in debt restructurings and corporate rescue.
Our contentious insolvency team acts in the appointment of trustees, liquidators and administrators and regularly advises on the legal and practical implications of insolvency. The team deals with claims involving gratuitous alienations, unfair preferences, retention of title claims and directors’ duties both in the Sheriff Courts and Court of Session. All our team members are trained in mediation.
Our real estate team has a UK wide capacity and has a wealth of experience in dealing with insolvency – related work, principally in advising landlords, insolvency practitioners and purchasers. Our experience ranges from acquiring development sites with complex overage arrangements to supporting the insolvency team on pre-pack sales on behalf of insolvency practitioners. We also advise landlords on their options for recovering past and future losses and preserving income, where possible, and not simply on the recovery of possession. The real estate team is supported by our construction team which deals with both contentious and non-contentious work.
Our highly rated employment team have acted in a significant number of transactions where businesses are being acquired from an administrator and are able to advise on any relevant employment issues which arise including issues arising out of the insolvency provisions of the Transfer of Undertakings (Protection of Employment) Regulations 2006.
The debt recovery team acts for many large organisations, and is described by Chambers as “geared up to handle claims with its streamlined process”. Our team members and award winning IT system combine to provide an efficient and cost effective service so that any debtor ledgers are collected with minimum fuss and expense.
