Business support & insolvency

“Blake Morgan are one of the best firms in the region and a go-to for insolvency work”

Chambers UK A Client's Guide to the Legal Profession 2016
Our Blake Morgan Business Support & Insolvency solicitors are recognised experts who advise insolvency practitioners, funders, debtors, creditors, business stakeholders and individuals on the management and recovery of debt and assets.

Main areas of practice

Our dedicated insolvency team provide commercial 'solutions driven' advice on every aspect of corporate and personal insolvency work, including: 

For businesses

  • Boardroom and director duty advice.
  • Business contingency and exit planning (including accelerated).
  • M&A, group reorganisation and solvent schemes.
  • Advice to overseas businesses on UK insolvency law and procedure.
  • Debt and asset recovery advice including retention of title issues.

For insolvency practitioners

  • Asset, business and property sales including those by auction.
  • Litigation, antecedent transactions and asset recovery options in the UK and abroad.
  • Acting for office holders appointed as receivers under the Proceeds of Crime Act.

For banks and stakeholders

  • Security review, rectification and enhancement.
  • Strategy including recovery options and enforcement.
  • Real estate restructuring including Fixed Charge/LPA receivership.

For others

  • Landlords, tenants and guarantors affected by insolvency.
  • Council tax and national non-domestic rates recovery work for local authorities.
  • Advising suppliers and other stakeholders including franchisors.
  • Defending director disqualification claims.
  • Advice to individuals based overseas on UK insolvency law and procedure.

Clients 

Our Business Support & Insolvency solicitors have an impressive and varied client base that includes main clearing banks, Big 4 and niche accountancy firms, turnaround professionals, local authorities and city councils, large corporations, SMEs and individuals. 

Significant experience 

Our expertise is built on years of experience and in that time we have dealt with a huge variety of cases. Examples include:

  • Acting for Joint Administrators of one of the largest independent motorcycle retailers in England & Wales with numerous showrooms and stores. Day one deployment of two team members to the head office to urgently review ROT claims and landlord and tenant issues, thereafter coordinating multiple site sales.
  • Acting for Joint Administrators of a law firm with offices in London and Bristol. An immediate challenge from employees necessitated two court hearings in one week and liaising with the SRA to manage an intervention into the practice.
  • Acting for Joint Administrators (and advising the liquidators of the offshore parent company) which operated in the freight and shipping industry to include a sale of the business, staff redundancy issues and claims made by certain creditors including leased equipment.
  • Acting for Joint Fixed Charge Receivers of a large portfolio of properties including residential, light commercial, retail and agricultural grazing land. Negotiating various sales whilst providing expert landlord and tenant and commercial and agricultural law advice.
  • Acting for a Fixed Charge Receiver appointed to operate and sell a covered retail arcade with in excess of 20 separate concessions.
  • Appointment recognition and property recovery advice for various trustees in bankruptcy in France, Spain, Bulgaria and Australia incl. legal action in those jurisdictions.
  • Negotiated conclusion for a wife facing public examination following the husband's bankruptcy. We secured a settlement for our client which ring-fenced her own assets and ensured that she did not have to attend court for a public examination.
  • Numerous instructions to defend directors including litigation and successful negotiated settlements.

Other expertise 

Blake Morgan has a national reputation for providing expert legal advice in relation to fraud, proceeds of crime and criminal confiscation matters.

The Blake Morgan bankruptcy practice provides local authorities and city councils with an advice line and 'fully funded' bespoke service to collect council tax and national non-domestic rates.

“Blake Morgan's team is best in the region.”

The Legal 500 UK 2015

“Blake Morgan are a market leader for a wide range of restructuring and insolvency matters and all forms of bankruptcy work. Conspicuous strength in bank-led corporate restructuring”

Chambers UK A Client's Guide to the Legal Profession, 2014

“A solid, responsive and reasonably priced team; particularly good for dealing with insolvency litigation.”

Chambers UK A Client's Guide to the Legal Profession 2015

Related expertise

Main contacts

Related Knowledge & Resources

Insolvency rules 2016

News

The Insolvency Service have recently announced that the Insolvency Rules 2016 ("the Rules") are to be laid before Parliament in October 2016. Provided that the proposed Rules are approved by Parliament, they are likely to come into force in April 2017.

Pre-Pack Pools in Administrations

News

On 2 November 2015, the new process for pre-pack sales of businesses by companies about to go into administration will come into force.

Prosecution sends out warning over collective redundancies

News

The recent prosecutions of former directors of USC and City Link are important reminders of the statutory requirements to consult with employees – directors of collapsed companies ignore them at their peril.

The Pre-Action Protocol for debt claims

Businesses must now do more to provide information to individual debtors and attempt to settle before taking them to court.

To what extent does the new Pre-Action Protocol apply to the enforcement of council tax liabilities?

A new Pre-Action Protocol for Debt claims ("PAP") is coming into force. We expect to see councils taking steps in the forthcoming months to significantly overhaul their current debt recovery processes to ensure compliance with the PAP.

Limitation on when a Notice of Intention to Appoint Administrators can be filed

On 11 April 2017, Judgment was handed down in the matter of JCAM Commercial Real Estate Property XV Ltd v Davis Haulage Ltd [2017] EWCA Civ 267.

Horton v Henry- the Court of Appeal rule on income payment orders whether a Trustee can make an application for a debtor's pension to be included in any bankruptcy

In the matter of ROBERT WILLIAM LESLIE HORTON (As Trustee in Bankruptcy of Michael Gerard Henry) v MICHAEL GERARD HENRY [2016] EWCA Civ 989

Refusal by valuation tribunal appeal for delay

With a strong offering to local authorities within our top ranked Business support and insolvency team, as a team we come across many matters when in the process of recovering Council Tax...

Keeping clients one-step ahead!

Recently in a case it was highlighted the uncertainty regarding the process to appeal an individual's liability for outstanding council tax.

Failing school revived

Members of our Restructuring and Insolvency, Charities and Education, Built Environment and Property Litigation recently acted on a sale to rescue a well-established independent school from the brink of closure.