Our Asset Based Lending team appreciates that the security
instruments typically used by asset based lenders are of a highly
specialist nature and will typically confer several 'layers' of
security over a client. No client of yours is the same, so we
strive to find the best means of enforcing your security taking
into account your customers circumstances. Our services
include:
- advice on the priority of different security instruments and
negotiating agreements with other creditors on security
prioritisation. Our lawyers have experience in acting on high-value
and complex disputes between different lenders and financial
institutions over the priority of their respective securities. We
focus on putting you in the best possible negotiating position at
the earliest possible stage and we are experienced in using various
forms of alternative dispute resolution as well as the more
traditional court-based litigation
- advising on the construction and enforceability of personal
guarantees, indemnities and warranties given by directors and other
third parties in respect of a customers indebtedness. We also have
extensive experience of advising on and enforcing cross-company
guarantees and indemnities. Where appropriate, we will conduct
court proceedings on your behalf for the recovery of guarantee
liabilities. Our focus is on facilitating the quickest possible
transition from issuing a letter of demand to obtaining judgment
and then enforcing that
- advising on the construction and enforceability of any charges,
debentures and other types of security. Where appropriate, we will
conduct court proceedings on your behalf to recover secured monies
whether by way of actions for the possession and sale of real
estate property, actions for the return of goods, claims for
conversion or simple debt claims. Our focus is on facilitating the
quickest possible transition from issuing a letter of demand to
obtaining judgment and then enforcing that
- advising on less typical forms of 'security' such as retention
of title clauses, pledges, trust interests and liens. Our team is
experienced in bringing court actions for the recovery of goods,
conversion and simple debt claims relating to these types of
security
- where appropriate, our Corporate Recoveries team
are experienced in handling all types of enforcement litigation (eg
recovery of guarantee and indemnity liabilities), protecting and
preserving assets (eg by way of injunctive relief if necessary) and
at very competitive rates.
- the specialist insolvency solicitors in our
team are able to provide advice in circumstances where you are a
secured creditor of an insolvent (or apparently insolvent) company,
partnership or individual and you are looking to maximise your
recoveries either before or after your client enters into a formal
insolvency procedure. As well as understanding you and your
business, these solicitors also have an innate understanding of
insolvency procedures and insolvency practitioners and are
therefore extremely well-placed to help you in the unfortunate
event that you find yourself exposed to an insolvent client.
