What happens if I receive a letter of demand from an Insolvency Practitioner

One of the consequences, for a director or a shadow director, of their company going into liquidation or administration is that the office holder – a liquidator or administrator – appointed to deal with the company after its failure has immense powers to review all of the actions taken by the directors prior to the failure and, if appropriate they are able to use those powers to recover assets for the benefit of the company creditors.

We perceive our role, as a team of restructuring and insolvency specialists, to provide our clients with accurate and specific advice to enable them to defend claims which they are facing or may face from insolvency practitioners.

Our team has a great deal of experience in acting for insolvency practitioners in developing and bringing claims which arise out of insolvency. As a result, our team is in a great position to be able to assist clients if they ultimately face a claim bought by an insolvency practitioner, whether it be an outstanding directors loan account or misfeasance or any other type of recovery claim that is being considered.

Our experienced team are always both pragmatic and commercial when it comes to considering the best way to look at a claim or potential claim. Our ultimate aim is to extrapolate our client from the potential dispute as quickly and cost effectively as possible. However, if that is not possible then we will work with you to develop the best defence to the claim and work to resolve the ongoing issues, to your benefit as quickly as possible. Again, in this scenario, we can use our experience to ensure the instruction of the best barristers to assist with your case and to provide the very best opportunity to achieve a positive outcome.

The team at Rix & Kay have, assisted clients, in the defence of a multitude of potential claims or the threats of such claims from insolvency practitioners in their capacities as liquidators, administrators or trustees in bankruptcy. These claims include:

• Misfeasance
• Wrongful trading
• Preferences
• Transaction at an Undervalue
• Director disqualification
• Outstanding directors’ loan accounts
• How our restructuring and insolvency lawyers work