HomeFWJ TakeawayClaims against directorsClaims by Companies HouseDefending Liquidator Claims [2024 Guide]

Welcome to our free industry leading guide on Defending Liquidator Claims. This comprehensive guide will answer all the questions directors, business owners or other interested parties might have about liquidator claims. And how we can help defend them.

Francis Wilks & Jones solicitors have been defending directors, business owners, and other third parties from claims by liquidators since 2002. We are the leading UK legal experts in this area of the law and can offer a multi disciplinary approach to whatever your question is.

  • Maria Koureas-Jones is the partner who heads up this team and regularly defends claims by liquidators seeking repayment of money from directors, management and business owners.
  • Stephen Downie is partner who regularly defends liquidator claims. Stephen is also a qualified accountant with particular expertise in complex accounting matters. He previously worked for the Insolvency Service as well, giving him a valuable insight to the working of that government body.
  • Andy Lynch is an expert on any HMRC issues and is able to assist on any complex tax related matters. Before joining FWJ, Andy spent 18 years at HMRC in the special investigations team and regularly defends directors and shareholders from a variety of claims.
  • Sue Brumby is an expert in personal insolvency related matters, so if the worst happens and you are threatened with bankruptcy, she can often help you deal with these difficult situations.

In addition to the above experts, we have a dedicated team of other solicitors at FWJ with experience in these types of claims. This means that we can always put together the right team for you – and maximise the chances of getting the claims against you dropped.

FWJ were very hands-on, getting involved from an early stage in seeking to avert an expensive set of litigation proceedings. I am more than happy to recommend their services, particularly when it comes to considering complicated issues or complex proceedings.

A client who was facing a liquidator claim for the improper withdrawal of sums from a company. We had the claim dismissed

Unpaid or overdrawn directors loan account

Unpaid or overdrawn directors loan account

Void / unlawful dividends

Void / unlawful dividends

Wrongful trading

What constitutes wrongful trading?
S214 of the Insolvency Act explained
How to defend a liquidator wrongful trading claim
Common examples of wrongful trading
Damages for wrongful trading

Fraudulent trading

Fraudulent trading explained
How to defend a liquidator fraudulent trading claim
Common examples of fraudulent trading
Facing a Freezing Order following a Fraudulent trading claim
How much will someone pay if found liable for fraudulent trading?

Misfeasance claims

Misfeasance explained
S212 of the Insolvency Act explained
Defending misfeasance claims by liquidators
Creditor claims for misfeasance
Misfeasance – 10 Common FAQ’s answered

Director duties

Director duties – an overview
What is a Fiduciary duty?
Breach of fiduciary duty
Statutory duties
Non fiduciary and Public Interest duties
How to defend a fiduciary duty claim

Antecedent transactions

Antecedent Transactions explained

Preference claims

What is a preference claim?
S239 of the Insolvency Act explained
Preference payments in liquidation
Common defences to preference claims

Transactions at an undervalue

What is a transaction at an undervalue?
S238 of the Insolvency Act explained
Transactions at an undervalue time limit
Common defences to TUV claims
TUV claims – 7 commonly asked questions

Transaction defrauding creditors

What is a Transaction to Defraud creditors claim
S423 of the Insolvency Act explained
Common defences to Transactions to Defraud claims

Liability of past directors

Personal liability of directors
Liability of past directors
Claims against directors

Void transactions

What is a void disposition claim?
S127 of the Insolvency Act explained
Defending liquidator claims against Creditors
Defending liquidator claims against Directors

Defending assigned claims

What is an assigned claim?
Who buys claims off liquidators
Defending claims made by litigation funders

Section 236 and disclosure of documents to liquidators

Duty to co-operate with a liquidator and administrator
Section 236 applications explained
Delivery up of documents
Attending an interview with a liquidator or administrator
Defences to a section 236 application

Accounting for profits

Liability to account for profits of a business transferred from a liquidated Company

Regulatory investigations and IP claims

Regulatory investigations and IP claims

Freezing order defence

What is a Freezing Order?
Why would a liquidator obtain a freezing order?
How to defend a freezing order claim

One of the most astute appointments I have ever made.

A company director we successfully defended

Case studies

View all case studies

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