Cross Border Litigation & Insolvency, Actions For and Against Insolvency Practitioners
Cross Border Litigation & Insolvency
CANDEY has extensive experience in all manner of contentious insolvency matters and regularly acts for and against insolvency practitioners, alleged debtors and creditors in complex and high-value insolvency litigation, often with a cross-border and foreign element involving multiple jurisdictions. Certain of our lawyers also take private appointments as LPA receivers.
We recognise that insolvency law can have the appearance of being the Wild West, and we are particularly keen to assist the Courts in turning the tide against unconscionable actions that appear to be nothing more than a fraudulent conspiracy between corrupt office holders and creditors. In this respect we work with parliamentary lobby groups and cross party action groups who recognise that the regulation of insolvency practitioners is currently not fit for purpose.
Our experience and interest in insolvency law actions includes:
Domestic and off-shore insolvency disputes particularly in the British Virgin Islands (BVI), Cyprus and the Cayman Islands;
Pursuing and defending fraud claims, including applying for freezing injunctions and working with third party investigators to trace assets belonging to the insolvent company;
Pursuing claims against former directors of an insolvent company for wrongful and/or fraudulent trading, alleged misfeasance, and breach of fiduciary or other duties owed to the company;
Actions against liquidators and administrators for breach of duty, conspiring with creditors, and the misapplication of monies;
Challenging decisions by administrators and liquidators, including as a result of alleged misfeasance, unfair harm, irrationality, inefficient conduct and blatant overcharging;
Applications to the Court seeking to set aside transactions made at an undervalue, to defraud creditors or transactions preferring creditors;
Acting as LPA receivers by private appointment;
Applying to the Court for access to the books and records held by a client’s insolvent former agent; and
Appointment of Court Appointed receivers, interim receivers and provisional liquidators.