Restructuring A Business

Whether its liquidation, administration, a compulsory voluntary arrangement, scheme of arrangement or receivership and whether its invited, friendly or hostile, we know all about it and we know all about what happens after the process has commenced too.

We regularly advise on the complex acts and rules governing insolvency and the rights and duties of office holders and creditors. It can get pretty challenging and complicated and therefore it’s important that you’re, and that you know that you’re, in the hands of advisers who will always guide you correctly, pragmatically and commercially to the best result for you in the circumstances.

Whether assistance is required with the collection of debts, investigating and locating hidden assets, recovering unlawful dividends and salaries or transactional avoidance we act quickly and commercially, for and on your behalf.

We are only too aware of the cost pressures involved and work closely with third party funders and counsel on a contingency basis to offer the right funding solution and avoid costs being a bar to recovery.

If your customer becomes insolvent or refuses to pay, this is does not have to be the end of the story. We are experts in maximising the recovery of what you are legitimately owed and taking the right steps to ensure you’re best placed to recover goods you have supplied or any deposits paid.

Our specialist team can advise you of your rights and likely returns. If you’re a landlord, we know how to ensure payment of future rent where a tenant is contemplating a voluntary arrangement or enters an insolvency process.

Acquiring a business and assets out of insolvency can be a daunting process. Where even do you start most ask. It’s generally very time sensitive and always carried out on a no recourse basis where the buyer takes the risk that the business and assets are what they appear to be.  So, buyers need an experienced team to guide, advise and assist them through the risks and pitfalls. That’s where we come in, we ensure you receive the right advice in the right timescales that you need it.

Our extensive team understand the challenges you face, act speedily and tailor our service to best reflect your requirements. Let’s be honest, there will always be challenges as these transactions are rarely straightforward.

As for selling a distressed business and assets, we can do that too. We have extensive experience in acting for insolvency practitioners, know their pressure points and what’s required, we take a proactive and practical approach to achieve the best possible outcome for you.

Following insolvency a number of situations may arise when directors, former directors, de facto directors, shadow directors, their partners/spouses, family members and third parties could face claims against them from liquidators, administrators or even creditors.

Facing such allegations is daunting and even frightening but we know just how to deal with and, in many situations, defeat such claims.

Being accused of wrongdoing or facing the threat of being disqualified as a director, even more so, is distressing. We have specialist knowledge, some say the inside track, in defending directors or, where necessary, negotiating undertakings and avoiding disqualification altogether.

If already disqualified, we can advise on the prospects of applying to court for permission to remain or become a director and we can even seek to reduce the period of disqualification in certain circumstances.

EMW are accredited mediators.  Our team understand all the mediation routes available so whether we’re advising directors, partners or employees, we’re able to assess both parties’ positions with a level of fairness and accuracy.

We also have extensive experience of designing and implementing in-house mediation in addition to undertaking the mediations ourselves.

Insolvency cases are often complicated and certain aspects may be difficult to prove in court. Wrongful trading is a prime example, it’s extremely difficult to prove that a director knew or ought to have known that a company was going to go into liquidation. The courts expect parties to attempt to settle matters themselves before issuing proceedings and with us on your side mediation provides an effective way of reaching a settlement.