The best solution for someone facing bankruptcy or insolvency may not be the obvious one – one of the reasons I enjoy this area of work is because it brings together legal complexity and a range of diverse personalities with the chance to be both determined and creative.
I never want to let a client down and sometimes that means approaching problems from a new angle. A director and his wife recently instructed me when they were halfway through acrimonious litigation – their assets had been frozen, causing them major difficulties in marshalling a defence. We overcame that, reviewed their evidence and came to a good settlement.
Above all, I offer an honest appraisal of their case – if they have a poor case and the priority is to settle, I will be clear about that.
Outside work, my family and history are my two passions in life.
Tell your lawyer the truth and provide him or her with copies of all the documents you believe important as soon as possible.
If you are concerned that, following the liquidation of your company, you could be sued by a liquidator, then plan for this contingency and remember a claim might not materialise for some years.
As a claimant you should not embark on litigation lightly. Litigation is expensive and can have nasty surprises even when you believe you are on the front foot.
Respondents and defendants want to know will I win and ‘get off’?
This is a fair question and we give an honest appraisal as to the prospects of success as soon as possible after we are instructed. We do not ‘gild the lily’ but tell it is how it is.
How much is it likely to cost?
This obviously depends on what we have been asked to do!
What can I do if I cannot avoid being disqualified as a company director?
Depending on the case the director may be able to apply to be allowed to be a company director of a particular company notwithstanding his disqualification. This sounds counter-intuitive but the court can grant permission to directors to run their companies even if they have been disqualified.
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