Insolvency and Corporate Recovery

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  • Acting for the Insolvency Service in a claim concerning whether the Insolvency Service are liable to meet the TUPE payments of employees transferred whilst a company is in provisional liquidation. This has required a detailed examination of insolvency law and its relationship with the TUPE regulations.
  • Acting in a Court of Session action for the reduction of a floating charge and recovery of an unfair preference in respect of a company, which went into liquidation. A very favourable settlement was achieved shortly before Proof.
  • Acting for an administrator in the sale of a business and assets as a going concern. This case was complicated by unusual contract terms creating complexities with the company’s lease.
  • Acting on behalf of Pihl UK Limited and Danish parent company, in connection with the insolvency of Landsbanki Islands hf, the Icelandic bank that recently collapsed. Our clients were the building contractor and a guarantor in relation to the Aberdeen Schools PFI project where Landsbanki were the funders.