Insolvency and Corporate Recovery 

The team at Birkett Long is led by Kevin Sullivan, a widely recognised insolvency specialist and member of R3. Kevin is supported by David Gibbs (associate) and three other lawyers in the team specialising in insolvency work, making our contentious insolvency practice the largest in East Anglia.

We act for businesses, individuals, accountants and insolvency practitioners. We provide proactive advice on the nature and effects of insolvency before it happens, to give clients the opportunity to appreciate their options and consider alternative strategies.

We have developed a notable specialism in pursuing nil asset recovery claims based on allegations of misfeasance, wrongful/fraudulent trading and transactions defrauding creditors, as well more routine transactions at an undervalue and preferences. Typically, such claims are pursued by us under a conditional fee agreement with counsel and agents acting on the same basis.

We have been appointed to carry out insolvency work for various Essex Local Authorities, including Colchester Borough Council, Maldon District Council and Braintree District Council. Using a specialist software package designed in-house, the team is able to handle a high volume of debt collection work, whilst retaining the speed and accuracy of its service.

Our team is a member of R3 – The Association of Business Recovery Professionals. 

Main Services

Contentious

• Misfeasance actions
• Wrongful and fraudulent trading claims
• Recovery of preference and undervalue transactions
• Actions under s.423 Insolvency Act 1986
• Unlawful dividend claims
• Defence of proceedings brought under the Company Directors Disqualification Act 1986
• Asset recovery claims
• Contested book debt recovery claims
• Breach of contract claims
• Retention of title claims

Insolvency and business turnaround

There are far-reaching effects for management, employees, customers, suppliers, shareholders and directors if a business fails. Our insolvency team is well-placed to act quickly when needed, to provide practical advice to companies and individuals on the best way forward in these situations, be it a corporate rescue or restructure, pre-pack administration, sale of part of a business as a going concern, or advice on the liability of directors or the protection of individuals.

We act for financial institutions, insolvency practitioners and business turnaround experts, companies and individuals. Specialist advice is needed to ensure compliance with the Insolvency Act and Rules and to reduce the risk of directors incurring personal liability e.g. in a ‘phoenix company’ situation.

Main Services

Non-contentious

• Restructuring advice
• Drafting and negotiating asset sale/purchase agreements for liquidators, administrators, receivers and management teams
• Advising on trading administrations
• Reviewing contracts and book debts
• Advising on the enforceability of retention of title clauses
• CVA drafting
• IVA drafting
• Drafting and advising on proposals in administrations 
• Pursuing and defending shareholder winding up petitions 

Our specialists - Insolvency and Corporate Recovery

Kevin Sullivan
A partner specialising in contentious insolvency, Kevin has extensive experience acting for insolvency practitioners most notably in the pursuit of recovery actions - typically involving wrongful/fraudulent trading, transactions at an undervalue, preferences and misfeasance.

He also advises companies and directors as well as debtors and their spouses/partners in relation to a wide variety of corporate and personal insolvency-related issues.

Kevin passed the Certificate of Proficiency in Insolvency examination in 2004 and has a particular interest in the defence of proceedings brought under the Company Directors Disqualification Act 1986. Kevin is also a member of R3.

David Gibbs
Qualified in 2005 and made associate from 1 January 2012, David acts on a wide variety of corporate and individual insolvency matters. David leads the team providing enforcement advice and assistance (typically involving bankruptcy proceedings) to a number of local authorities.

David has also acted for and against liquidators in claims brought against directors for misfeasance and other antecedent transactions.

Mark Wrinch
A commercial litigation solicitor who qualified in 2008, Mark’s insolvency experience has principally been earned acting for local authorities initiating bankruptcy proceedings.

Mark is also experienced in acting for insolvency practitioners pursuing antecedent transaction recovery claims.

Our specialists - Insolvency and business turnaround

David Cammack
David has acted for liquidators and administrators in selling insolvent businesses and for management teams purchasing such businesses from them, including in pre-pack administrations.

Tim Ogle
Tim is head of our employment law team and experienced in advising on the implications of the ‘TUPE’ regulations which apply when purchasing an insolvent business, just as they do for solvent ones.