Asset Tracing & Recovery in Insolvency Disputes
Asset Disputes In Corporate Insolvencies
Insolvency Disputes: Asset Tracing & Recovery
Whether you or your business is the victim of fraud or you are being pursued by an insolvency practitioner for allegations of fraud, conducting transactions at undervalue or making preference payments, we have a team of solicitors specialising in insolvency, civil fraud and criminal litigation to help you.
If you are the victim of fraud, our asset recovery solicitors will move quickly to recover your losses, protect your assets and prevent the dissipation of your opponent’s assets to ensure enforcement is possible at the conclusion of the proceedings.
If you are accused of fraud or violation of any insolvency laws, we advise on any potential challenge to a freezing order and seek to protect your position and assets with quick, effective and practical advice.
We handle all aspects of civil fraud, starting with initial freezing orders, searches and disclosure orders through to trial and enforcement, including post insolvency asset recovery claims.
Our teams experience and expertise include:
- Representation in insolvency proceedings including:
- Transactions at undervalue
- Preference Payments
- Undeclared dividends
- Overdrawn director’s loan accounts
- Post insolvency assets recovery claims
- Fraudulent & Wrongful Trading
- Advocacy in the High Court and Criminal Courts
- Multi-jurisdictional asset tracing and asset recovery
- Worldwide freezing orders
- Search and seizure orders
- Disclosure orders
- Norwich Pharmacal orders
- Receivership orders
Our asset tracing and recovery lawyers act for both claimants and defendants across all stages of litigation. We excel in initiating or defending claims involving fraudulent misrepresentation, breach of fiduciary duty, unlawful means conspiracy, unjust enrichment, abuse of position, bribery, breach of trust and breach of contract.
Why choose us:
- Specialised Expertise: Our dedicated team combines deep legal expertise with a proactive approach to deliver results efficiently and effectively.
- Strategic Approach: We devise customised strategies tailored to each case, ensuring a comprehensive and targeted approach to asset recovery and fraud.
- Industry Recognition: Our asset recovery lawyers are recognised for excellence in insolvency litigation, civil fraud and asset tracing services, trusted by clients for our robust representation and history of success.
Whether you are a company director being pursued for assets by a liquidator or you are involved in a civil fraud action, our dedicated team of solicitors will bring their combined expertise in insolvency, civil fraud and criminal litigation to preserve and protect your position.
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How can KANGS help?
Our experienced team of asset tracing solicitors understand the strategic and multi-layered approach that is required to successfully conduct a case when dealing with issues of civil fraud, asset tracing and asset recovery.
We have considerable expertise in this area and we work in conjunction with the leading barristers and Kings Counsel (KCs) in the country in this specialist area of law.
The areas we can assist you with include:
- Immediate asset recovery advice and assistance on discovery of a fraud
- Arrange the infrastructure for an immediate and effective internal investigation
- Pursue or defend any of the Interim Relief Orders such as a freezing order
- Guidance on whether the freezing order should be challenged and whether an application for its discharge to the High Court is appropriate
- Advice on varying any aspect of the freezing order
- Conduct the High Court litigation with a view to securing the protection of your position and assets
- Utilise our previous experience of fraud litigation to know when and how to apply appropriate pressure on an opponent for your benefit
- Negotiate with an opposing party when appropriate to include ADR
- Advise on any settlement proposal based on our experience, knowledge and awareness of civil fraud litigation
- Advice and assistance on the enforcement of any court judgement including insolvency proceedings.
Contact KANGS
The expert lawyers at KANGS are available to assist you. We can arrange initial consultations in person, by video call or telephone.
Please contact one of our experts listed below or contact us at:
What areas of Asset Recovery can KANGS help with?
The need to act with skill, speed and expertise is paramount in civil fraud litigation whether you are pursuing a claim or defending one. Early strategic and tactical advice is often critical to a civil fraud action.
On discovery of fraudulent activity, we can provide clients with a clear assessment on the merits of bringing a civil fraud claim, including conducting an internal investigation and assessing whether any interim relief should be sought such as a freezing order or a search order. We appreciate the ultimate aim is to achieve the maximum return of defrauded funds and assets.
For clients accused of fraud, we undertake a robust analysis of any interim relief applied for by the claimant, such as a freezing order, and take an early view on whether it meets the requisite legal requirement or whether it is susceptible to challenge and suitable for an application for discharge. Speed is of the essence in such situations to avoid a client being prejudiced at a later stage.
Our expert civil fraud lawyers cover the following areas:
- Conducting internal investigations to ascertain the perpetrators of the fraud and their methods within companies and organisations
- Worldwide freezing orders, search and seizure orders, disclosure orders, Norwich Pharmacal orders and receivership orders
- Proprietary injunctions and orders for the preservation of property and other evidence
- Complex and high value disputes
- Cross-border and multi-jurisdictional issues
- Asset tracing and asset recovery on a worldwide basis of misappropriated assets
- Allegations of deceit, bribery, unlawful means conspiracy, carousel/MTIC fraud, breach of fiduciary and directors’ duties and fraudulent misrepresentation
- Boiler room frauds and bogus investment schemes
- Accessory liability claims for unjust enrichment, knowing receipt and dishonest assistance against persons who have assisted and/or benefitted from a fraud
- Enforcement of civil fraud judgements including specialist insolvency proceedings
What preliminary considerations do KANGS undertake?
In the early stages of a civil fraud matter, our asset recovery and civil fraud solicitors team will focus on a number of considerations including ‘interim relief orders’. In particular we will assess the need for:
- An internal investigation
- A freezing order
- A search order
- A Norwich Pharmacal order
- A receivership order
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