Company, Restructuring & Insolvency

Members of Fountain Court have extensive experience of advising on company, restructuring and insolvency law issues.

Members are retained in actions involving rights and responsibilities under company law (including breaches of fiduciary and directors’ duties) and advise on corporate governance issues generally. They act in shareholder actions (including unfair prejudice petitions and derivative claims), complex company director disqualification proceedings and cross border merger schemes.

Many members also have experience of litigation arising out of corporate insolvency, including the conduct of Administrators, Receivers and Liquidators, and asset recovery proceedings. We act in applications and claims by insolvency officeholders and the Secretary of State, as well as defending former directors, auditors, advisers and bankers. We also regularly act in regulatory investigations arising out of insolvency.

Fountain Court members have acted on some of the most high-profile collapses of recent years, from BCCI and Barings through to Northern Rock, Lehman Brothers and Madoff, and BHS, Toys ‘R’Us, and British Steel.

Our experience often overlaps with areas including employment, insurance, civil fraud, commercial disputes, banking and financial services. We have also recently advised on issues relating to the impact of the COVID-19 pandemic, in a restructuring and insolvency context.

In addition to the domestic market, members frequently appear in cases involving company and insolvency issues in various overseas common law jurisdictions, including the British Virgin Islands, the Cayman Islands, Bermuda and Trinidad and Tobago.

Our work includes cases relating to:

• Breach of directors’ duties
• Shareholder, boardroom, Limited Liability Partnership and joint venture disputes
• Unfair prejudice petitions and derivative claims
• Director disqualification and disciplinary proceedings
• Regulatory matters
• M&A disputes
• Winding-up, administration and schemes of arrangement
• Applications relating to the conduct of Administrators, Receivers and Liquidators
• Applications and claims by insolvency officeholders and the Secretary of State
• Asset recovery proceedings