Home Expertise Insolvency & Restructuring Asset Recovery and Office Holder Claims

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Asset Recovery and Office Holder Claims

Maitland is and for many years has been ranked in The Legal 500 and Chambers UK Bar Guide as a leading set in insolvency.

Maximising the size of the insolvent estate is an important part of any insolvency process. Claims to recover assets for an insolvent estate are extremely varied and often involve a wide range of legal disciplines, such as fraud, property rights, company law, trusts, dishonest assistance and knowing receipt. We have expertise in all these areas and this makes it particularly well-placed to act in these matters.

Our barristers have significant experience advising and acting for office-holders, directors and the Secretary of State in proceedings relating to directors’ duties.

Our barristers advise and act in the whole range of claims which arise in the administration of an insolvent estate, including:

  • breach of directors’ statutory and other fiduciary duties
  • personal and proprietary remedies against directors or third parties
  • issues relating to nominee, de facto, non-executive and shadow directors, and their duties and potential liability
  • directors’ misfeasance
  • proceedings brought under the Company Directors Disqualification Act 1986 (acting both for the Secretary of State and for respondent directors)
  • transactions at an undervalue
  • preferences
  • transactions defrauding creditors

We have been involved in the most important recent cases in this area, including Sinclair v Versailles, Fairfield Sentry and other Madoff litigation, the Liverpool Football/RBS/Hicks litigation, Ultraframe and Farepak.