Why the client needed our help
We were instructed on behalf of an insolvency practitioner to consider potential antecedent transactions and claims against a director of an insolvent company, as well as any third parties involved.
How we helped
We thoroughly reviewed the potential claims and advised the client that there was a good prospect of success in pursuing these claims against the director. Additionally, we provided insights into the prospects of recoverability, offering commercial advice on the viability and potential outcomes of such actions.
The outcome
We assisted the client with the preparation of a letter before action against the director, confirming that they had a strong chance of succeeding in their claims against the director. However, we also advised that even if a successful judgment was obtained, it was unlikely to yield a recovery that would significantly benefit the creditors of the insolvent company. This comprehensive advice enabled the client to make an informed and commercial decision regarding the next steps.
Working with FWJ is always a pleasure. They make us feel very comfortable when we’re uncertain as to the best way forward and provide us with the confidence to strike out and go about our job, knowing they have our back.
Brian Baker, Partner at Moore Kingston Smith & Partners
