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Insolvency & Bankruptcy

Ten Old Square’s insolvency and bankruptcy specialists have extensive experience in all aspects of insolvency law including personal and corporate, contentions and non-contentious, and domestic and cross-border. The team have been instructed by insolvency practitioner office-holders, creditors, debtors/respondents, and other interested parties and stakeholders in proceedings of all sizes ranging from larger corporate insolvencies through to smaller personal bankruptcy cases.

Our insolvency and bankruptcy specialists are fully up to date with the very latest developments in this area including the recent legislative changes under the Corporate Insolvency and Governance Act 2020 and its related regulations.

Our members also regularly deal with the ‘overlap’ between insolvency and our other specialist practice areas including advising on and acting in cases concerning insolvent partnerships/LLPs, insolvent trusts and estates, and insolvency in the landlord and tenant and property context. We are also happy to advise upon Commercial and Business Disputes (particularly in relation to debts which might be provable in an insolvency/bankruptcy).

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

Contact our Insolvency and Bankruptcy Clerks

Contact our experienced Clerks to find out which Insolvency barristers would be ideal for you. They have many years of experience and will ensure that you receive a premium service and advise on the suitability, availability and cost of instructing specialist Counsel.

Call +44 (0)20 7405 0758

Our Insolvency and Bankruptcy Barristers’ Experience


Insolvency and Bankruptcy Frequently Asked Questions

Do you act for insolvency practitioners and individuals/corporate entities?

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.

What Courts do you appear in?

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.

Can you assist with injunctions and other urgent hearings?

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.

Can I instruct one of your barristers directly on a bankruptcy or insolvency matter?

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.

What are the fees for instructing a barrister in a bankruptcy or insolvency matter?

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.

Areas of Insolvency and Bankruptcy Expertise

Typical work undertaken by our insolvency and bankruptcy team include advising on and acting in matters concerning:

  • Administrations (all aspects: applications, challenges to appointments, extensions and distributions)
  • Asset tracing and recovery (all aspects: including dishonest assistance and knowing receipt, trust claims, title disputes, waiver and estoppel)
  • Bankruptcy (all aspects: petitions, transaction avoidance, statutory demands, asset recovery, and the family home)
  • Bankruptcy restriction orders
  • Cross-border (including EC Regulation)
  • Directors’ disqualification (and breach of directors duties generally)
  • Injunctions to restrain presentation/advertisement of winding-up petitions
  • Liquidation (all aspects: including asset recovery, transaction avoidance, misfeasance, and wrongful and fraudulent trading)
  • Misfeasance
  • Office holder remuneration
  • Public and private examinations
  • Receivers (LPA, administrative and Court appointed)
  • Restoration of companies to the Register
  • Statutory Demands (all aspects: drafting and applications to set aside)
  • Transaction avoidance (all aspects: including transactions defrauding creditors, transactions at an undervalue, preferences etc)
  • Unfair prejudice
  • Voluntary arrangements (corporate and individual)
  • Validation Orders
  • Winding up of domestic and international companies, Partnerships and LLPs
  • Winding up in the public interest.
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