The dedicated Proceeds of Crime team has a wealth of experience
in giving receivers legal, practical and commercial advice on all
matters relating to the protection and realisation of assets,
including:
insolvency and business recovery
Our Proceeds of Crime team has considerable expertise in
insolvency and business recovery including:
- drafting contracts for the sale of businesses as a going
concern
- assisting with book debt collections by management receivers
where winding up procedures are used
- advising on and implementing insolvency regimes for management
receivers, including administration and company voluntary
arrangements
- advising on the viability of businesses subject to
restraint
- advising on the interaction of restraint orders and the
insolvency regimes.
property
In most enforcement receiverships there is at least one property
to be sold. Whether it is residential property (freehold or
leasehold) or commercial, our Real Estate team are proficient at
dealing with all aspects of the sale. Our Proceeds of Crime
solicitors work closely with our Real Estate solicitors to resolve
issues affecting title, including those affecting the matrimonial
home or in the context of matrimonial proceedings.
Management receivers are often appointed where the defendant
owns a property portfolio, whether directly or through companies
under his control. We can advise a receiver on the issues arising
from such assets and the implications of stepping into the shoes
of a landlord. We have also applied for the restoration of
companies before properties could be sold.
commercial and intelletual property
Intellectual property isues and third party interests are a
common feature in receiverships. Assets often include artwork,
which gives rise to intellectual property (IP) issues. Our Proceeds
of Crime team works closely with our Commercial and Intellectual
Property solicitors to provide specialist advice.
employment
Where management receivers are appointed over trading businesses
they may have to address issues arising from the employer-employee
relationship that flow from the appointment. Our Proceeds of Crime
solicitors are experienced in resolving these issues.
equine
It is not uncommon in management receiverships for the
defendant's assets to include one or more racehorses. These can be
expensive liabilities, rather than valuable assets, and present
their own particular issues. The expertise of our Equine solicitors
has been called upon to assist in resolving these issues, including
by liasing with the RSPCA.
