Insolvency Solicitors Birmingham
When your company is under creditor pressure, HMRC enforcement, or facing worsening cashflow, you need clear legal advice on your options, and your duties as a director.
- Legal 500 recognised insolvency solicitors
- Members of Resolution and the College of Mediators
- Support for international insolvency matters
- Multilingual advice in 10+ languages
As Featured In
Urgent Insolvency Support
A business in distress can be highly stressful for both directors and creditors. Legal advice can stem the uncertainty and give you a clear plan.
Early legal advice can help you understand what you can do next, what you should avoid, and how insolvency steps might affect you personally.
Services for Directors & Companies
Support can range from early-stage advice to contested insolvency disputes.
Restructuring and rescue
Where there is a viable business, we can help you explore restructuring routes before formal insolvency.
Company Voluntary Arrangements (CVAs) and Part 26A restructuring plans may be appropriate restructuring options, and we will advise on creditor negotiation strategies.
Administration and pre-pack considerations
Administration can be used to rescue a company or achieve a better result for creditors than liquidation in some cases.
Our advice may include pre-pack planning, legal risk checks, and validation orders.
Liquidation and director protection
If liquidation is likely, early advice can help you manage exposure and avoid missteps.
We often support with Creditors’ Voluntary Liquidation (CVL) and responding to compulsory liquidation claims. You’ll receive advice on director duties and personal liability risk.
Director claims and antecedent transactions
If transactions are challenged or claims are threatened, the detail and evidence matter.
We’ll help structure evidence to claim or defend preferential payments, transactions at under value and fraudulent trading.
Our Insolvency team is experienced in supporting companies with misfeasance and breach of fiduciary duty claims and director disqualification issues.
HMRC debt and creditor pressure
Where HMRC or trade creditors are escalating, you may need a plan that protects trading and position, where possible. This includes statutory demand advice, Winding-up petition strategy and response, and negotiation and settlement support.
Services for Creditors
Insolvency processes can support recovery in some cases, but they must be used correctly and proportionately.
Insolvency-based debt recovery tools
These routes can be effective where the debt is not genuinely disputed, and include Statutory demands, Winding-up petitions for companies and bankruptcy petitions for individuals.
Insolvency disputes and litigation
If there is a dispute, strategy and evidence are key. Our approach may include injunction and restraint applications, or asset recovery support.
Services for Insolvency Practitioners
We support office-holders with both day-to-day issues and contentious matters.
Core support
Legal input may be needed throughout administrations, liquidations and other appointments. We take on the burden of court applications and evidence planning, supporting contested matters and director investigations.
Our advice on priorities and assets can help practitioners work towards resolution confidently.
Claims and recoveries
We advise on potential claims based on the statutory framework and the evidence available. These include misfeasance and director claims, antecedent transaction claims, and recovery strategy for the benefit of creditors.
For local, qualified, experienced support and advice with insolvency issues, you can get in touch with our Birmingham office. We’ll call you back at a time that suits you, or you can fill in our enquiry form.
Who We Advise
- Company directors and shareholders – If you are facing cashflow pressure, creditor demands, or missed liabilities, advice can help you assess risk and choose a sensible route forward.
- Directors considering formal insolvency – If a CVA, administration or liquidation is being discussed, you may need clarity on control, trading decisions and personal exposure.
- Creditors seeking recovery – If you are owed money, insolvency tools may be effective in some cases, but they need careful handling where a debt is disputed.
- Insolvency practitioners – If you are appointed as an office-holder, you may need support with claims, investigations, court applications or contested asset issues.
- Individuals facing personal insolvency – If bankruptcy or an IVA is being considered, advice can help you understand the process, likely restrictions, and how key assets may be treated.
- Construction firms facing insolvency – If you operate in construction, insolvency risk may overlap with contract disputes, retention issues and supply chain exposure.
Your Confidence, Our Commitment
Our Process
Start with a focused assessment
You share the key facts and documents. We identify immediate risks, what needs checking, and what options may be available.
Set clear next steps
You receive practical advice on what to do next, what information we still need, and what the likely pressure points are.
Work alongside your wider advisers
Where relevant, we can liaise with your accountant or insolvency practitioner so legal and financial decisions stay aligned.
Progress matters proportionately
Some matters can be dealt with through negotiation. Others may require court steps. We advise on risk, cost and strategy at each stage.
Familiarity with the Midlands Commercial Market
Birmingham businesses can benefit from seeking insolvency advice from solicitors who understand the local business context and The Priory Courts, where most insolvency hearings in the Midlands are listed.
Our team have local experience supporting construction firms and developers through the insolvency of one or both parties, and advising on winding up petitions for large Birmingham-based corporations.
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.
What our customers say
Awards and recognition
Witan Solicitors is recognised by The Legal 500 and is authorised and regulated by the SRA.
Our Insolvency Team in Birmingham
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.
Insolvency Advice and Support
Our team in Birmingham can offer specific advice on insolvency and help you find a way forward.
Whether you are looking for restructuring or have received a winding up petition, our team are equipped to support you and your business.
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
What is the difference between administration and liquidation?
Administration may aim to rescue a company or achieve a better result for creditors than liquidation. Liquidation usually involves realising assets and closing the company. The right option depends on viability and creditor position.
Can a company director be personally liable for company debts?
In some cases, yes. Exposure can arise through personal guarantees or claims about conduct, such as wrongful trading or misfeasance. Whether liability applies depends on the facts and the evidence available in your case.
What is a pre-pack administration?
A pre-pack is a sale arranged before administrators are appointed and completed shortly after appointment. It can preserve value in some cases, but it is closely scrutinised and needs careful legal handling.
Can I save my business if it is insolvent?
In some situations, restructuring, new funding or a formal process such as a CVA or administration may be possible. In others, an orderly wind-down may be more realistic. Advice can help you assess options.