Insolvency

Ten Old Square’s insolvency specialists have extensive experience of cases involving all aspects of both corporate and personal insolvency law.

Members of the team regularly act for individuals subject to bankruptcy proceedings, corporate bodies (and foreign companies) subject to insolvency proceedings, as well as trustees in bankruptcy, and other office holders. They also often represent creditors, ‘supporting creditors’ and other interested parties. They are happy to advise on commercial and business disputes where there are issues relating to debts (both large and small) and where there are potential solvency issues.

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For more information or to instruct our barristers, please contact our clerks.

Members of the team also frequently deal with insolvency cases that implicate our other specialist practice areas. This includes cases involving insolvent partnerships and LLPs, insolvent trusts and estates and insolvency arising from and as part of landlord and tenant and real property disputes. This can include cases with an international dimension.

We have experience of shareholder disputes, where solvency is at issue; derivative actions; unfair prejudice claims; and claims that concern directors’ duties. Members of the team have acted in claims of misfeasance, wrongful and fraudulent trading, tracing claims and claims in which transactions to defraud creditors are alleged.

If you would like to instruct one of our insolvency and bankruptcy specialists, please contact our clerks.

Frequently Asked Questions

Yes, the team regularly advise and act for all persons / corporate entities that are (or might be) involved in bankruptcy and insolvency proceedings including insolvency practitioner office holders, creditors, debtors / respondents, and other interested parties and stakeholders.

We accept instructions to appear in all courts throughout in England and Wales, and we regularly appear before all levels of the judiciary from bankruptcy matters in the County Court through to more complex High Court insolvency applications and trials. Where necessary, our team also have extensive experience in the appellate courts.

Yes, our barristers often appear on urgent injunctions and other urgent hearings. We have particular experience dealing with urgent injunctions to restrain presentation or advertisement of winding-up petitions. We encourage clients to provide an idea of their required timescales and deadlines so that our Clerks can manage the work to meet with the client’s expectations.

We can accept your instructions if you are a solicitor and hold a current practising certificate under our usual terms of business. We may also accept instructions directly from Insolvency Practitioners (and other ‘Professional Clients’) under the “licensed access” rules. If you are not a solicitor, Insolvency Practitioner or other Professional Client, then we cannot accept your direct instructions, but our experienced Clerks can recommend appropriate solicitors who can assist you and through whom you can instruct us.

We invite you to read our ‘Fees’ page if you wish to know more. We aim to provide a cost-effective service and will strive to ensure that our fees are competitive. Our Clerks will advise you of the hourly rate applicable to any barrister in Chambers and for any piece of work this can be agreed in advance taking into account the nature of the case and its complexity, and the experience of the barrister instructed.

"A strong set of barristers who between them are able to advise on the full range of chancery matters."

"Keith Plowman, Fay Bennett and Marc Schofield always stand out for their diligence and helpfulness."

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