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Insolvency/Winding Up

Dispute Resolution for Businesses

Meet David Mallinson

We provide regular advice and assistance to both individuals and businesses, as well as registered insolvency practitioners, on all aspects of insolvency related litigation. Issues arising out of an insolvency situation can be wide ranging and can impact on individuals and businesses alike.

Advice to directors and shareholders

Some of the typical scenarios where we are often asked for assistance include advising directors / shareholders on claims being made against them by a company liquidator, director’s disqualification proceedings, companies facing the threat of a winding up petition following receipt of a statutory demand and potential related action to restrain the presentation of a winding up petition. In addition to these areas, which affect not only those involved directly in a business but also suppliers and creditors of the business, we also advise individuals on various related personal insolvency issues for example following receipt of a statutory demand as a preliminary step to a bankruptcy petition being filed as well as proceedings for annulment of a bankruptcy order.

Advice to Landlords

We also provide regular assistance to landlord clients in connection with rights, remedies and obligations under the terms of commercial leases where a tenant has entered into a formal insolvency process. This gives rise to concerns both in relation to unpaid rent and outstanding unfulfilled obligations under the terms of the lease as well as potentially the payment of rents moving forward, for example where a company tenant has entered in to administration or a Company Voluntary Arrangement (CVA).

Whatever circumstances you face we will always strive to achieve the best outcome in the most cost effective and expedient way as we fully appreciate that any insolvency scenario, even the threat of a winding up order from a creditor, can have a debilitating impact on the individuals concerned and the company’s business and ongoing trade relationships.

For further advice, please contact a member of our Dispute Resolution team. Girlings has offices in Canterbury, Ashford and Herne Bay.

Our Experts

David Mallinson

Head of Department
Dispute Resolution

Andrew Watson

Partner
Dispute Resolution, Contested Wills & Estates

Nicola Webster

Associate Solicitor
Dispute Resolution

John Quinlan

Assistant Solicitor
Dispute Resolution

Katie Collis

Trainee Solicitor
Dispute Resolution

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