Insolvency Disputes

Seladore Legal is a leader in insolvency disputes, offering specialist expertise across both corporate insolvencies and individual bankruptcies. We represent a diverse range of clients, including directors, insolvency practitioners, creditors, asset managers, and financial institutions, tailoring strategies to address the complex and high-stakes issues that arise in these cases.

Securing assets and preserving value

At the heart of our practice is a focus on securing assets and preserving value. We are highly experienced in obtaining and enforcing freezing injunctions, often across multiple jurisdictions. With particular strength in complex cross-border proceedings, we excel at uncovering and securing concealed or offshore assets, ensuring that clients are equipped to protect their interests early in the insolvency process.

Expertise in contentious insolvency matters

Our expertise spans the full spectrum of contentious insolvency matters. We regularly advise on issues such as statutory demands, the removal of administrators, and the recovery of assets in complex group structures. Our track record includes handling disputes over preferences and transactions at an undervalue, as well as navigating claims involving breaches of fiduciary duty and reckless behaviour by former management.

Managing large-scale and international disputes

Our team has a deep understanding of the dynamics at play in large-scale insolvency disputes. We have successfully coordinated proceedings involving multiple parties and stakeholders across jurisdictions, addressing conflicts of law and ensuring seamless, cohesive strategies in complex international contexts.

Fraud and misconduct in insolvency disputes

Seladore is particularly adept at managing disputes involving fraud and financial misconduct, which often intersect with insolvency. From striking out winding-up petitions rooted in fraudulent claims to challenging pre-pack sales and pursuing proprietary claims, our ability to combine technical expertise with strategic insight has delivered favourable outcomes in some of the most complex contentious cases.

A track record of excellence

Seladore’s partners have a wealth of experience between them and have advised on some of the most significant insolvency disputes in recent years. During their time as partners at Herbert Smith Freehills, Simon Bushell and Gary Milner-Moore acted in relation to the administration of European subsidiaries of Lehman Brothers and Nortel, respectively, with the latter’s corporate bankruptcy being one of the largest and most complex cross-border bankruptcies in history.

Representing the Russian bankruptcy manager of a businessman with $125 million claims against his estate, coordinating the international insolvency and asset recovery. Securing recognition of the Russian bankruptcy in England, obtaining a worldwide freezing order, and revealing £25 million in undisclosed assets. Pursuing asset realisation in offshore jurisdictions and advising on related recognition and intervention proceedings.
Acting in a long-running piece of litigation in which a fraudster sought to use insolvency proceedings to seek to gain control of our client’s company. These proceedings involved multiple actions to strike-out winding-up petitions, and, in one instance, to set aside an insolvency on the grounds that it was void ab initio.
Advising in relation to an application for the removal of administrators from a corporate administration following a pre-pack sale of the company’s business, and other claims arising out of the pre-pack.
Acting in relation to proceedings brought in Gibraltar by a liquidator in a representative action on behalf of creditors of an insolvent law firm.
Acting in relation to a claim against an insolvent Botswanan entity, including a related LCIA arbitration, Botswanan insolvency proceedings and a reckless trading claim against former management under Botswanan insolvency law.
Acting for a Japanese manufacturer in relation to a contractual claim being advanced in Italian insolvency proceedings.
Advising an English company in relation to a statutory demand and a proposed injunction to prevent the presentation of a winding-up petition.
Representing the Administrators of a major investment bank in relation to a multi-million Euro dispute with a major European clearing house regarding the allegedly negligent close-out of the bank’s government bond portfolio upon its bankruptcy. The matter involved multiple stakeholders, and was resolved following a mediation supervised by 2 mediators and participated in by 40 lawyers.
Representing the Liquidators of a BVI company in High Court proceedings against a Moldovan businessman in connection with a collapsed oil trading business in Kazakhstan. The case involved issues of set-off, proprietary claims, the scope of undertakings given in lieu of a freezing injunction, and conflicts of laws.
Representing the US-based principals in relation to the multi-million pound collapse of a UK classic car dealership, following a substantial investment by a private equity house. Mr Bushell advised in relation to various claims including in fraudulent misrepresentation.