Contentious insolvency services
In cases where financial distress becomes contested, litigious or requires urgent intervention, swift strategic action can maximise recoveries and prevent further losses.
Our team of insolvency practitioners, restructuring professionals and forensic investigators can help.
From domestic disputes to cross-border asset-tracing, misfeasance actions, undervaluation challenges, fraud investigations, freezing injunctions and digital forensic analysis, we bring together technical expertise and investigatory capability to ensure the best possible outcome.
How we help clients in contentious insolvency situations
Investigations and recovery
- Director misconduct, misfeasance and breach-of-duty investigations, as well as wrongful and fraudulent trading claims, with investigations supported by forensic accounting and digital-forensic techniques
- Challenging antecedent transactions, including preferences, transactions at undervalue and transactions defrauding creditors
- Domestic and international asset-tracing and recovery
- Litigation support and expert witness services, including fact finding, data analysis and evidential preparation
Emergency and interim remedies
As office holders or advisers, we help clients secure urgent court measures to safeguard assets, stabilise governance and prevent further loss, including:
- Provisional liquidations – Urgent court appointments to protect assets and halt misconduct.
- Interim receivers – Securing control of assets, books and records to prevent loss of assets.
- Search and seizure orders and freezing injunctions – Coordinating forensic and digital evidence capture and protection of assets at risk of dissipation.
- Disclosure and information – Compulsion orders, including as Norwich Pharmacal and Bankers Trust orders to obtain financial intelligence and data trails.
Stakeholder disputes
As office holders or advisers, we can support clients with disputes among stakeholders during periods of financial distress. These include director and shareholder conflicts, unfair prejudice or board deadlock, and any misuse of company assets or unauthorised withdrawals.
Creditors’ rights, enforcement and priority disputes
Our dedicated creditor services team can support clients with challenging or defending proofs of debt, enforcement strategies for unsecured and secured lenders, and negotiation strategies and enforcement planning for lenders and institutional creditors.
Collaboration with government, regulators and law enforcement
We work closely with government and regulatory bodies, including the Crown Prosecution Service, National Crime Agency, Serious Fraud Office, Financial Conduct Authority and the Charity Commission, helping to prevent fraud, protect assets and support public interest interventions.
S&W is a member of the national Proceeds of Crime panel, appointed by the Crown Prosecution Service, undertaking investigatory and recovery work linked to criminal prosecutions, asset freezing actions and enforcement.
See our list of insolvency licensing bodies.
Get in touch
Let our contentious insolvency experts navigate complexities and create opportunities. Get in touch to learn more about how we can support you with a contentious insolvency.