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Contentious and fraud

Contentious and fraud

When fraud and related causes of action are uncovered, speed is of the essence.  Clyde & Co's insolvency and reorganisation team is experienced in all forms of contentious cases and adept at achieving results quickly.

We pride ourselves on our ability to add value and our desire to act in partnership with our clients in obtaining successful outcomes; where appropriate assisting in the strategy and sharing in the risk.

We also act for insolvency practitioners in bringing claims in mainly non-contentious cases to ease through the resolution of those estates, and defending office holders in claims made against them, as well as representing and protecting the positions of key creditors in distressed financial scenarios.

Our team members have been involved in a comprehensive range of investigatory and civil recovery actions, as well as procedural court applications and criminal compensatory processes in insolvency cases including:

  • cross border recognition and enforcement;
  • petitions and applications for liquidation, bankruptcy, administration and court appointed receiverships;
  • ss.235, 236, 333 and 366 orders;
  • formal interviews;
  • freezing and proprietorial injunctions;
  • contempt proceedings;
  • search and seizure orders;
  • claims for breach of trust, breach of common law and Companies Act duties and tracing claims;
  • transaction at an undervalue, preference, transaction defrauding creditor and wrongful trading claims;
  • possession and sale actions;
  • trespasser actions;
  • postal redirection orders;
  • retention of title disputes;
  • validation orders;
  • challenges to voluntary arrangements;
  • applications for directions from the court;
  • administration extensions;
  • transfer between insolvency processes;
  • applications for criminal compensation under the Proceeds of Crime Act.