Insolvency & Litigation
Alistair & Lyndsey
We help clients deal with insolvency and litigation in a way that actually works in the real world, not just on paper.
Even the most experienced business people will find themselves outside their comfort zone when entering the world of insolvency. Everything that was familiar changes – duties, obligations and expectations may not be what you are used to. We have three decades of experience of working with business facing financial difficulties and can help directors and businesses navigate their way through.
We have worked with stakeholders on all sides of the equation - debtors, directors, creditors, banks, landlords and others – in a wide range of business sectors. We can work with business owners and directors to seek the best possible outcome and to reduce any potential risk to themselves.
Non contentious
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We have much experience of working with the boards of directors of companies both in relation to their options in the face of insolvency and also in relation to the directors' potential personal liability.
In times of financial difficulty, many companies and their directors will find themselves in an awkward Twilight Zone sandwiched between rude financial health and insolvency. For the directors personally this can be a difficult time as they find themselves pulled between the competing interests of the company, its creditors and their own duties and obligations.
If things were not already difficult enough for the directors, they will also need to be aware that their every decision may be minutely scrutinised in the future by vested interests with the benefit of 20:20 hindsight. If ever a director or business leader were to need legal advice, this is the time.
AMB Law has many years’ experience working with the boards of public and private companies and guiding the directors through what is an extremely difficult and stressful period. We will work with the directors and the board and help you to liaise with your other advisors, the bank and other stakeholders to ensure that all possible steps are taken to ensure that the directors fulfil their statutory obligations and that the risk of personal liability is kept to a minimum.
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We advise on all areas of formal and informal insolvency and work with IPs to advise insolvent companies to formulate a strategy to maximise their options.
We have 35 years’ experience of advising on all areas of corporate and personal insolvency and pride ourselves on our commercial approach and pragmatic, no-nonsense advice. We will seek to work with you find a solution to the problem at hand rather than simply giving disconnected, legalistic advice.
We frequently act and advise in relation to all forms of formal appointments and have particular expertise in relation to business sales by IPs (whether by pre-pack or otherwise). We advise on all areas of relevance including employees' rights, intellectual property rights, property law issues and particularly issues arising with landlords and tenants.
We also advise in relation to section 110 reorganisations and can assist with the preparation of all the relevant agreements and other documents and incorporation of new companies required for the scheme.
Contentious
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AMB Law provides strategic, commercially focused representation in insolvency disputes. We act for insolvency practitioners, creditors, directors, and other stakeholders in contentious matters arising before, during and after formal insolvency processes. Our team combines strong litigation expertise with a deep understanding of the practical and regulatory framework governing insolvency, enabling us to pursue or defend claims efficiently while protecting our clients’ wider commercial interests.
We handle a wide range of insolvency-related disputes, including:
advice for businesses and individuals on the strategic use and defence of insolvency procedures, including statutory demands, winding-up petitions and bankruptcy petitions
representation for companies, directors and individuals facing insolvency proceedings including applications to set aside statutory demands, opposing winding-up or bankruptcy petitions
claims under the Insolvency Act 1986 for wrongful or fraudulent trading and antecedent transactions (such as preferences, transactions at an undervalue or unlawful dividends);
misfeasance and breach of directors’ duties;
disputes concerning asset recovery;
We also represent clients in challenges to administrators’ and liquidators’ decisions and creditor disputes.
Our approach is pragmatic and results-driven: we assess prospects early, explore settlement where appropriate, and pursue litigation robustly where necessary to maximise recoveries or defend claims.
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We act for businesses in relation to commercial disputes and debt recovery and claims against customers, clients, suppliers and employees. We seek always to give cost-conscious, pragmatic advice with a view to achieving a positive solution rather than a legalistic recitation of the legal position. We have clients in the construction, hospitality, logistics and freight forwarding, leisure, property development, agriculture, legal, professional services industries.
We are experienced in acting in employee contract disputes including unfair dismissal or redundancy claims and seeking or defending injunctions for breach of restrictive covenants.
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In many cases, directors who have not been well advised may find themselves being pursued through the courts either by a liquidator seeking to make them personally liable for the company’s debts or by the Secretary of State seeking a disqualification under the Company Directors’ Disqualification Act 1986. If you are unfortunate enough to find yourself in this position, you must obtain specialist legal advice as soon as you can; we will be happy to assist you.
We regularly act both for directors and for insolvency officeholders so we are experienced on both sides of the equation. We will work with directors to maximise their leverage in defending a claim from an officeholder or a disqualification claim form the Secretary of State but we will always remain pragmatic and realistic as to the prospects of success.
Why work with us?
We understand that business people may be confused or overawed by the world of insolvency. We pride ourselves on our ability to cut to the quick and to present our advice in a pragmatic and realistic fashion avoiding unnecessary legalism.
We will respond promptly to your contact. Being a small team, you will know the lawyers that you are dealing with and your matter will not be passed down the line.