Corporate insolvency can be a challenging and uncertain time for any business, that requires urgent and effective attention. Whether your company is facing financial distress, pressure from creditors, or disputes over its assets or liabilities, securing clear, practical advice early on is vital.
At Clifton Ingram, our corporate recovery and insolvency solicitors provide tailored advice to companies, directors, lenders, investors, insolvency practitioners and stakeholders across a wide range of sectors.
Regardless of the nature or scale of your financial difficulty, we offer strategic and commercially focused solutions designed to minimise disruption, safeguard assets and support the best possible resolution.
In addition to our extensive corporate insolvency services, we also offer guidance on wider commercial disputes, restructuring and recovery matters. For immediate assistance, please contact our team, or read our FAQs below to learn more about the corporate insolvency process in the UK.
Contact our corporate insolvency solicitors in Farnham, Reading and Wokingham today
Our team works from offices in Farnham, Reading and Wokingham. We advise on corporate insolvency law across Berkshire as well as Oxfordshire, Buckinghamshire, Surrey and the surrounding areas.
Speak to one of our corporate insolvency solicitors today by calling 0118 978 0099 or using our contact form and we will respond promptly.
Why trust Clifton Ingram for corporate insolvency advice?
- A leading corporate insolvency team serving the Thames Valley, M3 Corridor, Surrey and the wider South East
- Regularly advising clients in Farnham, Reading, Wokingham and wider areas such as Bracknell, Ascot, Maidenhead, Crowthorne, Theale, Henley, Camberley, Farnborough and Windsor
- Decades of experience advising on corporate insolvency, restructuring and complex financial disputes
- Clear, transparent costs and practical guidance at every stage with bespoke advice tailored to your needs
Our corporate insolvency services include:
- Bringing and defending statutory demands and winding up petitions
- Administrations
- Liquidations
- Company voluntary arrangements (CVAs)
- Law of Property Act (LPA) / fixed-charge receiverships
- Acting on the sale and purchase of business and assets of insolvent companies
- Bringing and defending wrongful or fraudulent trading claims, transactions at an undervalue and preference claims
- Retention of title claims
- Bringing and defending misfeasance claims against directors
- Landlords’ claims for rent and other payments under commercial leases
Our corporate insolvency services
Bringing and defending statutory demands and winding up petitions
Statutory demands and winding up petitions often represent the first formal step taken by a creditor when a company falls into financial difficulty.
Our corporate insolvency lawyers can advise you on the validity of a statutory demand, challenge demands that are disputed, negotiate with creditors or, where necessary, respond to or defend a winding up petition. If you are a creditor, we can assist with issuing petitions and enforcing debts while ensuring compliance with insolvency legislation.
Administrations
Administration can offer valuable protection for a company facing immediate financial pressure. We work closely with insolvency practitioners, administrators, directors and secured lenders to support the administration process.
Our team can prepare and review documentation, advise on the appointment of administrators, assist with pre-pack transactions, and ensure compliance with all aspects of corporate insolvency law.
Liquidations
Liquidation involves closing a company and distributing its assets to creditors. This may be voluntary (CVL) or compulsory following a winding up order. Both processes involve legal obligations for directors and potential personal risks.
Our corporate insolvency solicitors provide advice on initiating or responding to liquidations, dealing with liquidators, assessing directors’ duties and defending any challenges raised. We can also advise creditors and stakeholders on recovering their position during the liquidation process.
Company voluntary arrangements
A Company Voluntary Arrangement (CVA) can allow a business to restructure its debts and continue trading. It involves reaching a binding agreement with creditors, usually over a set repayment period.
Our team assists companies, directors and insolvency practitioners with preparing, proposing and negotiating CVAs, as well as advising creditors on their rights, voting positions and the commercial impact of any proposed arrangement.
LPA/fixed-charge receiverships
Where a company defaults on secured borrowing, a lender may appoint a Law of Property Act (LPA) or fixed-charge receiver to take control of property or assets. This can be a fast-moving and technical process.
We advise lenders, receivers, directors and investors on the validity of appointments, the exercise of receivership powers, asset disposals and disputes arising from the receivership process.
Sale and purchase of business and assets from insolvent companies
Buying or selling the assets of a distressed or insolvent business involves tight timescales and legal complexity. We assist with negotiating terms, drafting sale agreements, ensuring compliance with insolvency legislation and protecting the interests of both buyers and office-holders.
Wrongful/fraudulent trading, undervalue and preference claims
Liquidators and administrators may bring claims against directors for wrongful trading, fraudulent trading, transactions at an undervalue or preferences. These proceedings can lead to personal liability and disqualification.
We have extensive experience both bringing and defending such claims, advising on liability exposure, evidential issues, settlement options and litigation strategy.
Retention of title claims
When suppliers have included retention-of-title clauses in their contracts, disputes may arise over ownership of goods supplied before insolvency. We assist suppliers, office-holders and businesses in reviewing contract terms and enforcing or challenging retention-of-title rights.
Misfeasance claims against directors
Misfeasance claims allege a breach of duty or misapplication of company assets by directors. These claims can be complex and financially significant. Our corporate insolvency solicitors provide robust representation for both office-holders and directors throughout the process.
Landlords’ claims for rent and lease payments
Corporate insolvency can affect rent liabilities, service charges and dilapidations claims under commercial leases. We advise landlords, tenants, office-holders and lenders on their rights and options, including forfeiture, arrears recovery and negotiating lease surrender or variation.
Learn more about corporate insolvency
- What is corporate insolvency?
- What are the main types of corporate insolvency proceedings?
- What are the consequences for directors who engage in wrongful or fraudulent trading?
- How does the corporate insolvency process affect contracts and leases?
- What is the order of priority for distributing assets to creditors?
What is corporate insolvency?
Corporate insolvency is a legal and financial state in which a company cannot pay its debts as they fall due, or its liabilities exceed its assets. When this happens, directors must take immediate steps to protect creditors’ interests and avoid actions that risk personal liability.
What are the main types of corporate insolvency proceedings?
The most common procedures include:
- Administration
- Liquidation (voluntary and compulsory)
- Company Voluntary Arrangements
- Receiverships
Each process has different purposes, rules and outcomes.
What are the consequences for directors who engage in wrongful or fraudulent trading?
Wrongful or fraudulent trading can lead to:
- Personal financial liability
- Court-ordered compensation
- Director disqualification
- Potential criminal sanctions in cases of fraudulent trading
How does the corporate insolvency process affect contracts and leases?
Insolvency may allow certain contracts to be disclaimed or terminated, while in other cases, contracts continue unless deliberately brought to an end. Lease obligations may change depending on the process and the office-holder’s decisions.
What is the order of priority for distributing assets to creditors?
Generally, distribution follows this order:
- Costs and expenses of the insolvency process
- Secured creditors (fixed charge)
- Preferential creditors
- Secured creditors (floating charge)
- Unsecured creditors
- Shareholders (if anything remains)
Contact our Corporate Insolvency Solicitors in Farnham, Reading and Wokingham today
Our team works from offices in Farnham, Reading and Wokingham. We advise on corporate insolvency law across Berkshire as well as Oxfordshire, Buckinghamshire, Surrey and the surrounding areas.
Speak to one of our corporate insolvency solicitors today by calling 0118 978 0099 or using our contact form and we will respond promptly.
Alternatively, you can talk to someone now via our .