Insolvency Litigation & Asset Recovery
Contentious insolvency work for office holders, assignees and creditors, from initial review and interim relief through to enforcement.
Enquire NowJonathan Lea Network conducts contentious insolvency litigation and asset recovery for office holders, assignees, creditors and companies. We handle antecedent transaction and misfeasance proceedings, claims against third parties, tracing and proprietary claims, freezing injunctions and other interim relief, challenges to security, and enforcement against individuals and companies. We assess recoverability at the outset and keep the cost of each step proportionate to what it adds.
Recovering money is a commercial exercise with a legal process attached
The question at every stage is the same: what will this step add to the recovery, and what will it cost?
Most of these claims settle. We build them so that they are worth settling, with the evidence assembled early, the quantum pleaded properly and a costs position the other side can see. Where a claim will not repay the cost of running it, the useful advice comes at the review stage rather than at the door of the court.
What we handle
Proceedings. Antecedent transaction claims, misfeasance and breach of duty proceedings, wrongful trading claims, and claims against third parties including knowing receipt and dishonest assistance.
Tracing and proprietary claims. Where money or assets have moved through several hands, including to family members, trusts and connected companies.
Urgent and interim relief. Freezing injunctions, search and preservation orders, and applications for the delivery up of books and records where evidence is at risk.
Information gathering. Applications for the examination of directors and third parties, and for the production of documents from banks, accountants and other parties.
Challenges to security. Disputes about the validity, priority and enforcement of charges and other security.
Enforcement. Charging orders, third party debt orders, orders for information, High Court enforcement and, where appropriate, insolvency proceedings against individual defendants.
Cross-border elements. Recovery of assets located outside the jurisdiction, working with overseas advisers where necessary.
How we assess whether a claim is worth bringing
| Question | Why it matters |
|---|---|
| Can the defendant actually pay? | A strong claim against a defendant with no assets is an expensive way of proving a point. We assess recoverability before merits work is done. |
| What do the contemporaneous documents show? | Cases of this kind are won on records that already exist. Where the records are incomplete, that shapes both strategy and value. |
| Is anything at risk right now? | Where assets are being dissipated or evidence destroyed, interim relief comes before everything else. |
| What is the realistic settlement range? | Knowing this at the start determines how much should be spent getting there. |
| Who is funding it, and on what terms? | Funding shapes strategy. It should be settled before the claim is issued, not during it. |
Working with other advisers
We work alongside insolvency practitioners, forensic accountants, asset tracing specialists and overseas lawyers where a recovery needs them. The aim is a single coordinated strategy rather than several parallel ones.
Where the claim overlaps with ordinary commercial recovery, our Debt Recovery and High Court Enforcement & Judgment Recovery teams handle the non-insolvency routes.
How we can help
Tell us what has happened, what has been recovered so far and what you think is still out there. We will give you a realistic view on prospects, recoverability and cost, and a recommendation on the sequence of steps.
FAQs: Insolvency Litigation & Asset Recovery
Yes. Where there is evidence of dissipation, interim relief such as a freezing injunction can be sought quickly, and preserving the position generally comes before working up the substantive claim. Often. Tracing and proprietary claims exist for exactly that situation, including transfers to spouses, family trusts and connected companies. The evidence required is substantial but the outcomes can be significant. Enforcement is a separate exercise and we plan for it from the outset. Charging orders, third party debt orders, orders for information and insolvency proceedings against the individual are all available. Yes. We act for assignees as well as for office holders, and we advise on the terms of assignment itself.
Find out what is realistically recoverable before you spend anything
We assess recoverability first and merits second, because a claim that cannot be collected is not worth winning. Send us the papers and we will tell you which category this one is in.
Contact Us
We provide most enquiries with an indicative scope of work and fee estimate, based on the information you share. We aim to respond within one working day.
In the same email, you will be invited to arrange a 20-minute complimentary, no-obligation video consultation, should the proposed scope of work and fee estimate be of interest. This initial discussion is designed to help us better understand your requirements, refine the scope of work and ensure our approach is fully aligned with your objectives.Following the call, we will email you a definitive, formal fee estimate for you to consider and approve.
Where you would prefer to receive initial advice and guidance from the outset, or where a short introductory call would not be the most appropriate starting point, we may instead recommend a 2.5-hour fixed-fee appointment, starting from £750 + VAT. This enables us to review the information you provide, discuss your situation with you and provide considered, tailored advice at an early stage.
To make an enquiry, please email us at wewillhelp@jonathanlea.net, complete our contact form, or call us on 01444 708640.
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This introductory call is to discuss your matter so we can provide a well-considered quote.
However, please be aware that the free 20 minute call is at our discretion. If you are more looking for advice and guidance on an initial call, we may instead offer a one-hour fixed fee appointment instead.
Our fixed fee appointments are between £250 plus VAT to £350 plus VAT* depending on the complexity of the issues and seniority of solicitor taking the call