Insolvency and Restructuring

Specialised legal services for insolvency and restructuring

Distressed companies create a range of issues that impact the directors, the shareholders, and creditors of the company.  Hesketh Henry has a wealth of experience both domestically and internationally in dealing with legal issues associated with distressed entities including acting and advising on the following matters:

  • Liquidations, receiverships and other formal procedures. We regularly advise companies, individuals, insolvency practitioners and creditors on all formal insolvency procedures;
  • Director’s duties and personal liabilities. We advise companies and individual directors on duties under the Companies Act, director and officer insurance policies, and recourse to director’s personal assets;
  • Lending arrangements and security protection. We advise a range of banks and finance companies on the structure of lending documents, terms of trade, and security arrangements including mortgages, general security agreements and guarantees.
  • Enforcing debts and securities through the Courts against both principal debtors and guarantors. We regularly pursue matters through relevant Courts and Tribunals on debt recovery matters including summary judgment procedures and disputed debt proceedings, as well as realising property related securities through mortgagee sale processes and enforcement against guarantors.
  • Commercial leasing issues. We act both for commercial landlords and tenants on a range of leasing disputes.
  • Trust assets and protection. Advising on all aspects of trusts, including asset protection for directors and potential recourse to trust assets on insolvency;
  • Business advice. Pre-empting issues and advising businesses on protective steps that can be taken to mitigate the potential for adverse impacts of distressed companies.

Our multi-disciplinary team has particular sector expertise in the construction, property development, insurance, manufacturing, maritime, and trade and commodities sectors. 

In addition, Hesketh Henry has close connections with various organisations in Asia, the Middle East, and the United Kingdom as well as lawyers fluent in Spanish, French, and German enabling us to act for international corporate clients and advise on cross-border transactions. 

We understand the pressures that arise when companies and creditors face insolvency risks.  We provide pragmatic and commercial solutions to minimise risk and exposure wherever possible. 

Need advice on Insolvency and Restructuring?
Contact the expert team at Hesketh Henry.

Examples of work completed by our team include:

Key Contacts

Insights & Opinion / Insolvency and Restructuring

Contractor’s Dilemma: Recovering debts from a Principal in liquidation
A party must meet a high bar before the High Court will modify or reverse a liquidator’s decision, or consent to a party commencing adjudication (or other legal proceedings) against a company in liq...
The UK’s so-called “creditor duty”: Does it exist and when is it triggered?
The recent decision of the UK Supreme Court in BTI 2014 LLC v Sequana SAV & Ors [2022] UKSC 25 has considered the nature of the so-called “creditor duty” and whether directors are required to ...
Retaining the Harvest: the right of receivers to withhold surplus funds to defend litigation
The recent decision of the High Court in Fistonich & Anor v Gibson & Ors [2022] NZHC 1422 considered whether receivers have a right to retain surplus funds to meet the cost of defending actual...
16.08.2022 Posted in Disputes & Insolvency and Restructuring
Retention funds:  where is the trust?
The importance of subcontractors scrutinising how retention funds are held, and how they are dealt with by insolvency practitioners, was highlighted in the recent High Court decision in McVeigh v Decm...
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Health check on solvency position:  time to conduct an annual review and plan for the future
As 2021 draws to a conclusion and businesses begin to consider what operations will look like in the new year, it will be necessary to reflect on the impact of Covid-19 and prepare for life under the ...
Injunctions & Receiverships:  A high hurdle for directors to prevent the sale of a business in receivership
The principal role of a receiver is to realise secured assets for the appointing creditor. 
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High Court emphasises the extent of duties that banks owe to guarantors
A recent High Court case, ASB Bank Ltd v Davis [2021] NZHC 1812, clearly illustrates where the line is drawn in relation to duties banks owe to guarantors.
28.07.2021 Posted in Insolvency and Restructuring
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