Insolvency Claims Solicitors in Birmingham
Insolvency claims require precise documentation and considered action. Our solicitors can advise on the mechanism and appropriate procedure, whether you are defending a claim or bringing one.
Early instruction matters in every insolvency claim we handle. We act for both insolvency practitioners and directors, so we see both sides of the process.
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What This Involves
Insolvency claims arise from the conduct of directors, the disposal of assets, the treatment of creditors, and company finances before and during insolvency.
Your Confidence, Our Commitment
Our Approach
Initial Review
We review the claim or allegation against you, assess the strength of the evidence, and identify the defences available, so you understand your position before deciding how to proceed.
Negotiation
Many insolvency claims settle through negotiation before a court hearing, particularly where the evidence favours one side. We negotiate on your behalf to reduce costs and uncertainty for everyone involved.
Urgent Court Action
Some claims need urgent action. Section 127 of the Insolvency Act 1986 voids company payments made after a winding-up petition, putting your bank accounts at risk. We apply for a validation order to keep you trading safely.
Hearing and Resolution
Where a claim cannot be settled, we represent you at the hearing, including in the High Court where higher-court advocacy is needed, and pursue the outcome that best protects your position.
Insolvency Case Studies
Enforcing Unpaid Costs
A winding-up petition was pursued to enforce an unpaid costs order. The court ordered the defendant company to be wound up for non-payment.
The case required strict adherence to petition requirements and service rules. Enforcement choices depend on solvency, timing and wider commercial risk.
Challenging HMRC Action
An application challenged the basis for insolvency proceedings and sought dismissal of HMRC’s winding-up petition. The court dismissed the petition.
The result turned on the documentation and the applicable insolvency tests. Similar matters are fact-sensitive, and urgent decisions may be needed when a petition is threatened.
An International Insolvency Dispute
A high-net-worth European family required advice on a substantial cross-border insolvency dispute involving multiple jurisdictions. The matter progressed with opponents represented by tier-one City litigation teams. Strategy centred on risk analysis, evidence control and settlement leverage, while preserving confidentiality where possible. Each step was taken with procedural requirements in mind.
Client Feedback
Meet the Team
Qarrar Somji
Director, Solicitor-Advocate
Qarrar leads complex insolvency disputes, combining higher-court advocacy with strategic, commercial advice for practitioners, office holders, creditors and businesses alike.
Felicity Wood
Senior Litigation Executive
Felicity supports insolvency and company disputes with clear, practical litigation advice, bringing commercial, property and contentious probate experience to clients.
Aliya Abid
Solicitor
Aliya handles insolvency matters, including winding-up petitions, offering practical support informed by civil, property, contract and advocacy experience for clients.
Get Advice on Your Insolvency Claim
Insolvency claims carry strict statutory deadlines, and some carry short limitation periods.
The earlier you take advice, the more options remain open, whether you are defending a claim or considering bringing one.
0300 303 2071
Mon - Fri 8:30 - 5:30
or email us at info@witansolicitors.co.uk
Related Insights
Witan Solicitors Limited is authorised and regulated by the Solicitors Regulation Authority (SRA 605789). You can view the firm record on the SRA register, and Witan publishes its complaints procedure online.
This page was last reviewed by Qarrar Somji, Director & Solicitor-Advocate, Insolvency Team, May 2026. Our Insolvency content is reviewed every six months to ensure it reflects current legislation, case law and market practice.
FAQ
Can a director be personally liable for wrongful trading?
Yes. Under section 214 of the Insolvency Act 1986, a director can be ordered to contribute personally to company assets if they knew, or should have known, insolvent liquidation was unavoidable and failed to take every step to limit creditor losses.
What is the difference between wrongful and fraudulent trading?
Wrongful trading, under section 214, does not require dishonesty, only that you continued trading when insolvency was unavoidable. Fraudulent trading, under section 213, requires proof of actual dishonesty and intent to defraud creditors, and carries uncapped liability.
How long does a liquidator have to bring an insolvency claim?
Time limits vary by claim. Preferences and transactions at undervalue generally look at payments or transactions in the two years before insolvency. Other claims, such as misfeasance, are subject to the general six-year limitation period, so acting early matters.
Can a transaction at undervalue be reversed after insolvency?
Yes. Under section 238 of the Insolvency Act 1986, a liquidator or administrator can apply to set aside a transaction made below market value within two years of insolvency. The court can restore the position as if the transaction had not happened.