Specialist, forward-thinking advice in all areas of insolvency
Insolvency Specialist Solicitors
We know that claims and disputes involving insolvency can be highly technical, which is why we offer a full range of specialist services to this area of law. Our expert team is experienced in helping individuals, companies (from SMEs to multi- national businesses) and insolvency practitioners with bespoke legal advice and assistance. CJJ Law will help resolve your insolvency issue as quickly, efficiently and as cost-effectively as possible, with flexible and tailored advice.
More often than not, insolvency disputes are anything but simple. It may include director disqualification proceedings, asset tracing or preferential creditor claims. Because our advisers are specialists, you can be assured that, no matter how complicated your case, we will find the best path. In the Gaardsoe v Optimal Wealth Management case, for example, we were successful in obtaining leave to bring a claim against an insolvent company that had been in administration, which, otherwise, would have been in breach of a ban on creditor action.
If we bankrupt or wind-up a company on your behalf, because of our relationships with Insolvency Practitioners we can continue to work with you and any Trustee or Liquidator appointed to continue investigations to see if a recovery can be made leaving no stone unturned.
Tracing funds
The legal process of tracing funds is integral to many insolvency disputes. It helps creditors recover misappropriated money in cases where individuals have been made bankrupt or companies have gone into liquidation. Here at CJJ Law, we are experts in providing legal advice in cases where funds need to be traced. We have worked on a number of such cases where we have traced and frozen funds in banks including those offshore. In one leading case of knowing receipt and unjust enrichment claim ( Relfo Ltd (In Liquidation) v Varsani [2014] EWCA Civ 360) acting for the Liquidator, we successfully argued that whilst there was no direct transfer of funds from the company’s bank account to the defendants bank account there was sufficient proximity and connection of intermediary accounts used in the transaction for the court to order the defendant had been unjustly enriched and the money paid out belonged to the company. Relfo is also one of the leading cases on the meaning of “usual or last known address” for the purposes of service (at first instance ([2009] EWHC 2297 (Ch), [2009] All ER (D) 30 (Oct))
To find out more about getting honest, cost-effective and hassle-free legal advice for insolvency issues, contact us at CJJ Law today.
Our areas of expertise
- Winding up petitions (WUPs) and orders: A WUP is when a creditor of a company applies to the court to have the company wound up. We can assist you in obtaining such orders and investigate whether a liquidator should be appointed. When there is a valid defence to a claim, we can also assist companies to oppose the making of such an order.
- Bankruptcy: We can assist you in your bankruptcy claims against individuals who do not pay you. We can with our contacts assist in the suitable appointment of a Trustee who will work with us to try and trace assets to make a recovery. We can also consider settlement options, defend the claim, or introduce you to an Insolvency Practitioner who can help you reach an agreement with all of your creditors.
- The disqualification of directors: In cases where directors are reported as ‘unfit’ (for failing to meet legal responsibilities and letting a company become insolvent), we can offer legal advice to directors who want to challenge such a claim, as well as helping those claiming disqualification with court action.
- Trusts of Land and Appointment of Trustees Act 1996 (TOLATA) claims: We help claimants and defendants alike with TOLATA disputes, which involves identifying legal ownership shares of property.
