This certificate course is primarily aimed at litigators who come across insolvent situations in practice and wish to develop their knowledge. It will also be a detailed introduction for lawyers wishing to develop an insolvency litigation practice. The course will equip you to advise your clients on the relevant law and practice, to maximise recoveries and understand the breadth of remedies available.
It is tailored specifically for lawyers from a contentious background, although it complements the Certificate in Insolvency Law and together the courses provide an overview of law and practice in this ever developing area.
The course covers:
Using insolvency as a debt recovery tool – the latest law and practice
The roles and duties of the insolvency practitioner, and how they are enforced
Tips and tactics to maximise insolvency recoveries. Can asset tracing and injunctive remedies help? ss 236 and 366 Insolvency Act – powerful tools or damp squibs?
Piercing the corporate veil; getting at the directors personally. The latest law and practice on wrongful and fraudulent trading and misfeasance. Do some of the recent changes assist recovery opportunities?
Director disqualification – a new tougher regime?
Other post-insolvency remedies including preferences, transactions at an undervalue, transactions to defraud creditors and illegal dividends. Much talked of, but how do they work in practice?
Funding or assigning insolvency litigation; the changing landscape. What are the current opportunities?
The emphasis will be on practical application and will include an analysis of recent legislation and case law and how the landscape has changed through these developments. Case studies will be undertaken throughout the day to assist in the overall understanding of this area of law which can be seen across many parts of legal practice.