Richard Ludlow

Partner

Richard is a specialist insolvency, debt recovery and commercial litigation lawyer based in Sevenoaks. Richard was previously in private practice before moving in-house and working at the Insolvency Service and the Treasury Solicitor where he was involved with investigating and disqualifying directors who were found to have traded their companies fraudulently. During his time working for the government he gained a large number of skills which he has used to the benefit of his clients since moving back into private practice.

Richard’s clients

Richard works with individuals, companies, Insolvency Practitioners and accountants to assist them in seeking to recover monies they, or those they represent, are owed. However, Richard also represents individuals who are being targeted by Insolvency Practitioners, amongst others, and assists them in either defeating the claim or to negotiate the best outcome for their individual circumstances.

Experience and approach

Richard, using the experience gained in both private practice and whilst working in-house, is in an almost unique position to offer advice to those directors who are facing directors disqualification proceedings bought by the Insolvency Service under the authority of the Secretary of State for Business Energy and Industrial Strategy.

Richard also has experience of issuing, serving and defending statutory demands, winding up petitions and bankruptcy petitions. In addition, he has particular expertise in defending public interest winding up petitions bought by the Secretary of State.

Richard’s approach means that he is focused on providing the highest quality advice, given on a commercial basis, to address the specific needs of the client, as the priority, in all the work that is carried out.

Areas of expertise

  • Directors Disqualification
  • Defending Directors from claims by liquidators and administrators
  • Liquidator claims against directors
  • General contract disputes
  • Defending Public Interest Winding up petitions
  • Winding up petitions
  • Personal Insolvency advice
  • Statutory demands
  • Debt recovery

Richard’s work

Defending disqualification proceeding bought by the Secretary of State 

Richard advised two directors who were facing directors’ disqualification proceedings brought by the Insolvency Service, under the authority of the Secretary of State for Business, Energy and Industrial Strategy, in relation to the same company. Richard developed, in conjunction with the clients, a robust defence to the allegations contained within the claim. The outcome for the clients at the trial of the matter was that the court found totally in the clients favour, allowing them to continue to act as directors, and ordered that their costs of conducting the matter be paid by the Secretary of State.

Acting for liquidators to recover monies owed by directors

Richard was instructed by a liquidator to seek recovery from the directors of monies paid out, by the directors of the company, to third parties in the run up to the insolvency of the company. Richard engaged third party investigators and a firm of expert forensic accountants to develop the evidence necessary to substantiate the claim. When the evidence was clear and the claim justified, it was then presented to the directors prior to it being issued at the court. Following a brief exchange of correspondence with solicitors representing the directors, Richard received offers of settlement from the directors which led, ultimately, to their being a substantial payment out to the creditors.