Search

07 December 2021

Insolvency debt recovery litigation - a practical guide

Category: MASTER COURSE

The course is a practical guide to pursuing recoveries against directors and others in formal insolvency. It provides a comprehensive overview of the potential causes of action available to the Insolvency Practitioner and their advisers as well as the practical commercial considerations which need to be born in mind by all parties to litigation in the context of formal insolvency.

Who should attend?
Legal professionals

  • Trainee solicitors
  • Qualified solicitors (PQE guide) Say 0-5 years PQE
  • Partner 
  • Professional Support lawyers

Finance professionals

  • Qualified accountants
  • Senior finance managers
  • Finance director
  • CFO’s

What you will gain
The course examines

  • how and on what grounds assets can be clawed-back from directors and other stakeholders in the insolvent entity
  • other ways in which recoveries can be pursued with a view to augmenting the insolvent estate
  • the practicalities of pursuing directors and others for compensation and
  • whether those looking to the estate for repayment of their losses have a realistic chance to benefit financially from the litigation.

Programme outline

Understand the different heads of potential liability of directors and others in formal insolvency including;

  • Misfeasance, 
  • Fraudulent trading, 
  • Wrongful trading Disqualification compensation orders, 
  • Phoenix company rules 
  • The whitewash procedure

Understand the ground on which the office holder in formal insolvency can clawback assets from 3rd parties including; 

  • antecedent transaction rules; 
  • preference 
  • transaction at undervalue 
  • transaction defrauding creditors voidability of floating charges 
  • restraints on post-liquidation asset disposals

Understand the costs implications of litigation initiated by the office holder including 

  • authorisation of payment of costs from floating charge realisations and the safeguards for preferential and secured creditors
  • Payment from the insolvent estate – and the ranking of litigation costs
  • Who receives the benefit of litigation recoveries? The general body of creditors or the victim of wrongdoing

Understand how different types of insolvency process impact on the enforcement rights of creditors and other stakeholders - with reference to recent cases

  • Restructuring plans under Part 26A and the new statutory moratorium
  • The moratorium in administration. Pre-packs and “light touch” administration
  • The asset protection regime in liquidations

Temporary covid 19 insolvency restrictions update

The course starts at 9.30am. Lunch and refreshments are included.
6 CPD hours (where applicable). 

CIMA work in partnership with BPP Professional Education to offer CPD training courses

Booking Information

Date Location Price
7 December 2021 - 09:30 Online Live Price: GBP 455.00
Member price: £410. Plus VAT on all prices.

Insolvency debt recovery litigation - a practical guide

CIMA members and students should log in to MY CIMA before booking to receive the appropriate discount.

Book Now

In-house training 
We can develop tailored training programmes to enhance the finance and business skills of staff across your organisation. To discuss how we can meet your learning and development needs please email us.

Find out more 
If you have any queries please email cima@bpp.com or phone us on: +44 (0)3300 603400.

The venue for this course will be confirmed 14 days before the scheduled date. 

CIMA work in partnership with BPP Professional Education to offer CPD training courses.  

This course will be delivered by BPP Professional Education Limited (“BPP”).  Accordingly, when you sign up for this course, CIMA will pass on the contact details you have provided to BPP so that they can contact you to complete your booking and process payment.  BPP will process any personal information it collects about you in accordance with its privacy policy, which is available at: https://www.bpp.com/professional-education/privacy

The information provided to BPP will not be used by BPP for marketing purposes.

CIMA on demand 

Our catalogue of online CPD training courses designed to fit around your schedule.

Get any 5 courses for just £99 +VAT - limited time only.  

Find out more