Meta Panchamia
Meta Panchamia
Partner & Deputy Head of Civil & Commercial Litigation

We know that you want to avoid anything which distracts you from doing what you do best, running your own business.

At McMillan Williams we have a dedicated team of experienced specialists on hand to help you resolve your commercial disputes in the most efficient and timely manner possible. From simple contract disputes to agreements resulting in commercial fraud, our team is fully experienced in the broad spectrum of disputes that may arise such as:

 


Meta Panchamia
Meta Panchamia
Partner & Deputy Head of Civil & Commercial Litigation

At MW Solicitors our lawyers specialise in helping businesses resolve their Insolvency issues.

We can assist Insolvency Practitioners to realise a debtor’s assets by repossession and sale of the bankrupt’s home or recovery of assets which have been dissipated by the bankrupt prior to, or following the bankruptcy order.

Sometimes these applications can involve sensitive exceptional circumstances and complex disputes relating to exoneration or division of the beneficial interest and our team has the right level of experience to assist.
Our Insolvency Team can advise insolvency practitioners on all types of  transactions including:

  • Income Payment Orders (IPO)
  • General litigation which the bankrupt may have been involved in before the IPO
  • Pension issues
  • Annulments and
  • Individual Voluntary Arrangement (IVA)

The team can also assist a bankrupt (or other parties) when they are faced with any of the above issues.  We can offer guidance and assistance as to the best form of settlement or whether the claim made is defendable.

Corporate Insolvency

Our Corporate Insolvency experts can assist insolvency practitioners in claims such as:

  • Preferences
  • Undervalue claims
  • Disposition of property
  • Directors disqualification proceedings
  • wrongful or fraudulent trading
  • misfeasance claims

Often, matters involve a high level of investigation before a case can be commenced and we have the relevant experience to assist in those investigations.  We strive to conclude matters quickly and efficiently where there is a commercially viable case.

We can advise and assist in placing a company into Administration for directors or creditors.   We also advise on all aspects relating to:

  • Company Voluntary Arrangements (CVA)
  • Creditors Voluntary Liquidations
  • Compulsory Liquidations
  • Members Liquidations
  • LPA Receiverships

The team can also assist directors or other parties when faced with the above issues.  We offer guidance and assistance to find the best form of settlement or determine whether the claim made by the Insolvency Practitioner is defendable.

Creditors

We also offer services to creditors which enable them to monitor any bad debts. 

As a creditor you may need advice to find the best way to approach a bad debt or a debtor who has financial issues.  We can assist and advise on the best course of action. This may include:

  • Issuing a statutory demand
  • Bankruptcy petition
  • Winding up petition

We can advise creditors when a debtor has become insolvent and is subject to or about to be subject to an insolvency process.  We provide advice on how the debt can be recovered by ensuring that the insolvency practitioner is able to recover all the assets available to him.

Commercial Litigation

Our team is able to assist in commercial disputes from collection of debts through to injunctions and have a wealth of experience in dealing with high value and complex claims.

We have particular expertise in contractual debt claims along with secondary security actions and are able to assist large corporates or indeed individuals facing such disputes. We have the commercial aptitude to ensure any dispute is dealt with cost effectively always maintaining clear transparency on costs and this is achieved through the recognition of keeping the client aware of every step and the associated costs.

We have experience in mediations and alternative dispute resolution schemes to ensure the right result is met for the client at all times.

We Can Help

At MW Solicitors, our mission is “To make quality legal services accessible to everyone” Including creditors trying to recover debts.

If you are a creditor or an Insolvency Practitioner and would like to talk to one of our Commercial Debt Resolution Team . Call us today on 020 3551 8500 or fill in our Contact Us form and our team will call or email you within 1 working day.

 

We understand that legal disputes and litigation can be an extremely stressful process for both individuals and businesses.  With changes to litigation funding and cuts to legal aid, the use of mediation and other forms of Alternative Dispute Resolution (ADR) is expanding and becoming of increasing importance to individuals and businesses alike who find themselves involved in a dispute. 


Stuart Henry
Stuart Henry
Partner & Head of Specialist Litigation & Insurance Law

Mediation and ADR offer alternative ways of settling a dispute rather than resorting to legal proceedings and litigation.  In fact, the court promotes the use of Mediation and ADR wherever possible to avoid matters going to a final hearing and avoiding the substantial costs that litigation can incur. 

What are the most common types of ADR?

There are many different types of ADR which may help resolve a dispute with your opponent.  The most common of which are as follows:

Mediation

Mediation involves an independent third party (the mediator) acting as a go-between to facilitate a mutual agreement between the parties involved in a dispute.  The mediator will remain entirely independent and will not force either party to enter into an agreement.  Mediation can be conducted by telephone conference or in person at numerous locations throughout the country.  Mediation is entirely confidential and any agreement reached between the parties will be equally as binding as a court’s judgment or final decision.

Negotiation

Negotiation is exactly how it sounds.  The two sides in the dispute negotiate with each other in order to reach a compromise, without the need to proceed to a final court hearing. 

Arbitration

Arbitration is used in more specialist cases.  An independent third party (the arbitrator) is appointed with a role very similar to that of a trial judge and will have often have specific knowledge of the sector or type of dispute to which the matter relates and be a professional in that area. 

Unlike a mediator, an arbitrator is not a go-between.  The arbitrator listens to each sides version of events and provides a decision on the facts which version of events he/she prefers.  Arbitration is less formal than a court hearing or trial and can be binding or non-binding on the parties participating in the same.

We Can Help

At MW Solicitors, our mission is "To make quality legal services accessible to everyone".  Where we believe it is in your best interests, we will proactively encourage you and your opponent to enter into mediation or ADR to settle a dispute as soon as possible. The procedure for Mediation specifically is both informal and cost-effective, and parties to mediation can walk away at any time. We will always ensure that any agreement you enter into protects you and is legally binding.

You can be confident that any Mediation or ADR you enter into with MW Solicitors will be worthwhile and may resolve the dispute at an early stage, reducing your legal costs dramatically, and saving the parties from the pressures and stresses of court proceedings.  Call us today on 020 3551 8500 or fill in our Contact Us form and our team will call or email you within 1 working day.

Do you suspect an employee of misappropriating funds? Have you found evidence of directors or managers abusing positions of power for financial gain?

Commercial fraud is a term that describes a range of different activities, often covering  a variety of causes of action. It usually covers the tort of ‘Deceit’ and involves deliberate actions, frequently involving dishonest or even criminal conduct

What is Commercial fraud?


Meta Panchamia
Meta Panchamia
Partner & Deputy Head of Civil & Commercial Litigation

In an everyday sense, these cases usually arise from abuse of positions of responsibility or power such as a high level employee or former employee accused of some unsavoury conduct that has resulted in the business they were employed by suffering financial loss. The obvious example is misappropriation of company funds for personal gain, abuse of expenses schemes, or employees diverting business to themselves personally.

The law surrounding these cases is complicated because there is no ‘direct’ legal route to take. You will need expert assistance in preparing a case that makes reference to the right elements of law for your particular circumstances including the law relating to deceit, conspiracy, breach of trust and/or fiduciary duty as well as more common areas of law such as conversion, breach of contract or claims for restitution.

Act Quickly

Acting quickly is vital. If the evidence is clear that money has been misappropriated we can help you take immediate action for an Injunction to capture and freeze the Defendant’s assets to make sure that your money isn’t going anywhere. From there we can work with you navigate this complex and multi faceted area to build a strong case and give you the best opportunity to recover your money.

We Can Help

At MW Solicitors our mission is "To make quality legal services accessible to everyone" including those who may be victims of commercial fraud.

If you need any assistance or advice in relation to the types of matters listed above, don't delay, call us today on 0203 551 8500 or or fill in our Contact Us form and our team will call or email you within 1 working day.

Everybody has an opinion on Insolvency.

However when you have the prospect of losing your home to Bankruptcy or the heart break of losing your business you need solutions and actions, not opinions.


Meta Panchamia
Meta Panchamia
Partner & Deputy Head of Civil & Commercial Litigation

Are you an individual or company director whose company is facing financial difficulties? Have you been served with a Bankruptcy Petition or Statutory Demand for an unpaid invoice?
 
You do not always need to go down a formal insolvency process to resolve these types of issues.  There are ways in which we can assist you to resolve the financial pressure from creditors.

Bankruptcy and Individual Voluntary Arrangements (IVA)

If a formal Bankruptcy or IVA process is required then we can assist you to put together the documents or advise you if you are already subject to bankruptcy or you are having problems keeping up with the terms of your voluntary arrangement proposal.

It may be the case that you believe that your company is still viable but your company is just struggling with cash flow problems. We have experience in advising directors and shareholders on financial problems where the company has not yet entered into a formal insolvency process.

We assist directors and individuals facing actions commenced by Insolvency Practitioners such as a claim to return funds to a company known as undervalue claims, preference actions, misfeasance, fraudulent or wrongful trading claims and disqualification proceedings.

We also advise Insolvency Practitioners on all aspects of bankruptcy and company liquidation.

Experienced and Dedicated Professionals

 

At McMillan Williams we have a team of dedicated professionals to help guide you through and in some cases avoid the insolvency process.

Our fees are competitive and transparent.  You will know how much you have to pay before we undertake any work.  Your case will be referred to a specialist Commercial Debt Recovery specialist.

We can work on a fixed fee basis, so even if we have to spend a little more time in resolving your issue, you will not have to pay more than we quoted.

Our Track Record

  • We successfully acted for Bankrupts on their Bankruptcy Annulment applications including applications for annulment where a Bankruptcy Order should not have been made as well as applications for annulment on the basis of settlement or payment in full;
  • We have assisted Bankrupts in reaching settlements with their Trustees allowing them to retain possession of their home;

  • We have acted for companies in resisting compulsory winding up proceedings and in reaching settlements with creditors;

  • We act for Insolvency Practitioners on all types of claims.  We have recovered liquidation assets based in EC countries for the benefit of Bankruptcy and Liquidation estates and have specialist experience in making recoveries by challenging antecedent transactions.

We Can Help

At MW, Our Mission is “to make quality legal services accessible to everyone”, including those who may have financial difficulties through no fault of their own.

If you need help or would like to discuss your issue with one of our Commercial Litigators, call us today on 020 3551 8500 or email us at enquiries@mwsolicitors.co.uk

Our Insolvency team have strong commercial awareness and understand the need to resolve your disputes quickly and cost effectively.


Meta Panchamia
Meta Panchamia
Partner & Deputy Head of Civil & Commercial Litigation

At McMillan Williams our insolvency team can advise companies with financial difficulties; cash flow or debt problems and we can advise Insolvency Practitioners (IPs) on Creditors Voluntary Liquidations (CVLs), Compulsory Liquidations, Member Voluntary Liquidators, Administrations, CVAs, LPA Receiverships and actions to pursue within those processes.

If you are a director or individual facing  an action against you which may have been commenced by an IP such as a claim to return funds to a company known as undervalue claims, preference actions, misfeasance, fraudulent or wrongful trading or you need advice on disqualification proceedings then please contact us..  

We also have experience in advising directors and shareholders on financial problems where the company has not yet entered into a formal insolvency process.

We Can Help

Strained cash flow for a company can become very damaging but for directors there are often ways to resolve short term problems and with the correct advice you may be able to resolve things without having to enter into a formal process.  There are certain rescue processes which may assist your business or certainly alleviating the financial pressure your business is facing.  Call us today on 020 3551 8500 or email us at enquiries@mwsolicitors.co.uk

 

We live in uncertain times and Bankruptcy can happen to any of us with little or no warning.  Don’t panic and don’t ignore it, the sooner you act the sooner you can get back on your feet.


Meta Panchamia
Meta Panchamia
Partner & Deputy Head of Civil & Commercial Litigation

We advise on all work involving individuals with financial difficulties or facing bankruptcy. It is not always the case that you will need to go down a formal insolvency process as there are ways in which we can assist you to resolve financial pressure from creditors.  If a formal bankruptcy or Individual Voluntary Arrangement (IVA) process is required then we can assist you to put together the documents or advise you if you are already subject to bankruptcy or you are having problems keeping up with the terms of your voluntary arrangement proposal.

At McMillan Williams we have a team of dedicated professionals to help guide you through the bankruptcy process or help you with your IVA to reduce your debts so you might avoid bankruptcy altogether. 
We also advise Insolvency Practitioners (IPs) on all aspects of bankruptcy and voluntary arrangements which includes realisation of assets of the bankrupt’s estate, all claims which the IP needs to make to recover assets and advising IPs on problems which arise in an IVA. 

We Can Help

At MW, Our Mission is to make quality legal services accessible to everyone, including those who may have financial difficulties through no fault of their own.  If you need help don’t delay, call us today on 020 3551 8500 or email us at enquiries@mwsolicitors.co.uk

Being on the receiving end of someone’s financial problems is no joke, it can give you sleepless nights or worse, affect your own cash flow.


Meta Panchamia
Meta Panchamia
Partner & Deputy Head of Civil & Commercial Litigation

If you are a creditor we can advise you on bad debt issues when a debtor (company or individual) is not paying on time or who is about to face or is subject to insolvency proceedings. 

Often it is not always easy to understand the formal insolvency processes but we have the experience of advising creditors on the best way forward in respect of the outstanding debt and are able to liaise with the IP if one is involved to assist to ensure you make the best possible recovery.  We can report to you periodically on the insolvency process which will give you peace of mind and a clear indication of whether a recovery will be made. This service can on occasion be provided at no cost to you.

At McMillan Williams we understand that creditors often need specialist advice too.  Creditors often think that when a debtor enters into insolvency  they will not make a recovery, but this is not always  the case, particularly if you act quickly.  

We Can Help

If you are worried that one of your debtors has gone bad, entered into formal Insolvency proceeding or would just like to get some creditor advice, don’t delay, call us today on 020 3551 8500 or email us at enquiries@mwsolicitors.co.uk

Have you signed a personal guarantee to support a business loan and forgotten about it?  Are you receiving letters threatening court action and it is all you think about? Are you a lender trying to enforce a personal guarantee agreement?  

McMillan Williams' Commercial Dispute Resolution Team are here to help you. 


Meta Panchamia
Meta Panchamia
Partner & Deputy Head of Civil & Commercial Litigation

Expert Advice from Dedicated Professionals

Our expert team of commercial litigators have years of experience resolving Commercial Disputes and can provide advice on:

  • Enforceability of Guarantee Agreements;

  • Negotiating settlement to end continuing liabilities;

  • Claims against the principal debtor or other Guarantors.

Our team of dedicated professionals will help you to find a swift resolution to your issue.  Your case will be referred to a specialist, not a generalist and our fees are competitive and transparent.  You will know how much you have to pay before we undertake any work.

We can also work on a fixed fee basis so even if we have to spend a little more time in resolving your issue, you will not have to pay more than we quoted.

 

Our Track Record

We have recently acted for:

  • a Guarantor of an Assured Shorthold Tenancy.  The Tenant had accrued significant arrears and possession proceedings were issued against the Tenant together with a claim for the arrears against the Tenant and Guarantor.  After careful analysis we discovered that the proceedings were fundamentally defective and agreed with the Tenant’s solicitors to dismiss the proceedings with costs in our client’s favour.

  • a Lender took a guarantee from a Borrower. As the Borrower defaulted, proceedings were issued against the guarantor.  We acted for the Lender and managed to agree a settlement with the guarantor. 

  • a Corporation that had provided a cross guarantee to in respect for the liability of the Borrower to the Lender. The arrangement was complex and involved various group companies. One of the group companies had borrowed the funds however others had guaranteed repayment.  The Lender demanded repayment from one of the guarantors. We are were able to successfully agree further time to pay to enable the loan to be repaid following a re-finance. 

We Can Help

At MW, our Mission is "to make quality legal services accessible to everyone" including those individuals who are in dispute or are trying to enforce a guarantee.

Ignoring the issue won't make it go away.  A swift resolution can only come through specialist professional advice.  If you would like to discuss your issue, call our team today on 020 3551 8500 or email us at enquiries@mwsolicitors.co.uk

Are you a lender with a loan secured against a Debtor’s property? Do and you wish to enforce your charge?.  Are you a debtor and a creditor is pursuing you for repayment?  Do you require advice on the enforceability of a company loan?


Meta Panchamia
Meta Panchamia
Partner & Deputy Head of Civil & Commercial Litigation

Lenders will require security to be provided against your home when you apply for a mortgage.  Lenders may also require security against a property when making a general loan.   If you owe a debt then creditors are able to obtain judgment and then enforce the judgment with a charging order.  A charging order is also a form of security against a property.   Creditors can issue an application to enforce a charging order to recover the debt due.

Our Commercial Dispute Resolution Team combines almost 30 years of experience in advising on consumer and commercial credit disputes such as:

•    Validity of Loan Agreements;
•    Enforcement of Loans;
•    Negotiations on Security Disputes;

Expert Advice from Dedicated Professionals

Our team of dedicated professionals to help guide you through your dispute.

Your case will be referred to a specialist commercial litigator, our fees are competitive and transparent.  You will know how much you have to pay before we undertake any work.

We can also work on a fixed fee basis, so even if we have to spend a little more time in resolving your issue, you will not have to pay more than we quoted.

Our Track Record

 

We have recently acted for:

  • a home owner who had been evicted following sale and possession proceedings brought by a holder of a charge over his property.  The home owner required assistance in negotiating with the charge holder. We succeeded in reaching a compromise and the home owner regained possession of his property.

  • a Lender that had a loan secured against a property for a lending agreement the owners had entered into, as directors of a company.  We obtained and Order for possession following default of the loan and subsequently assisted the Lender to recover and sell the property.

  • a home owner whose daughter lived in a property. The home owner wanted his daughter to remain in the property however a creditor had obtained a charging order against the property for a debt, many years ago.  The debtor had decided to take action and enforce the charging order so obtained an Order for sale.  We assisted the home owner by obtaining time to pay a reduced sum in full and final settlement which allowed his daughter to remain in the property.

We Can Help

At MW, our mission is "to make quality legal services accessible to everyone" including those who may have fallen into financial difficulties through no fault of their own. 

If you need help or would like to talk to one of our Commercial Dispute Litigators to discuss your issues, call us today on 020 3551 8500 or email us at enquiries@mwsolicitors.co.uk

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