Restructuring and insolvency

Tal’s insolvency practice is currently largely focussed on office holder driven, court- based matters. However, she has acted for a broad range of stakeholders within the insolvency and restructuring life cycle including landlords, financial services creditors, individual creditors, directors, debtors, recipients of information gathering requests and individual and corporate victims of fraud.

Recent experience includes:

Acting for trustees in bankruptcy

-to recover a portfolio of properties into the estate that family members had fraudulently sought to conceal
 
-investigating whether the offshore structures financing a bankrupt are vulnerable to attack
 
-of a deceased bankrupt with significant claims against the estate assisting with investigations into where the money has gone internationally and recovering assets into the estate.

Acting for liquidators

-devising appropriate frameworks for adjudication of complex creditor claims against  Ponzi scheme participants

-in significant misfeasance proceedings against a former administrator

-of numerous companies which participated in MTIC ("carousel") VAT fraud against directors and recipients of paid away funds for misfeasance, fraudulent breach of duty, conspiracy to defraud and dishonest assistance

-of a number of companies participating in failed tax avoidance schemes in breach of duty and other claims against directors

-of a participant in a Ponzi scheme bringing misfeasance claims against an offshore de facto director in respect of actions taken in multiple European jurisdictions.

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Dispute resolution

Insolvency

Tal has conducted litigation across all types of insolvency processes in a wide variety of industries and sectors. Recently, there has been a focus on property, construction, retail and leisure, digital, technology and private wealth in line with the wider economic climate.

Fraud and asset recovery

Tal's specialism within her contentious insolvency practice is bringing claims arising from frauds perpetrated on individuals or companies including those for fraudulent trading, fraudulent breach of duty, dishonest assistance, conspiracy to defraud and knowing receipt. She regularly works with insolvency practitioners to trace funds and attacks structures in place to obscure true ownership in order to make recoveries for creditors. Tal works together with our Chambers Tier 1 ranked Fraud & Asset Recovery Team to provide advice to the firm's clients on the use of insolvency processes and powers alongside the interim and post judgment civil remedies (such as freezing orders, search orders, receiverships and other pre and post judgment remedies). This coordinated approach seeks to ensure that the maximum range of powers and flexibility is available to our clients when determining their asset recovery strategy.

Investment banking litigation

Tal has acted for a number of financial institutions and funds in litigation to recover sums owed under financial instruments and to enforce associated security.

Professional and management liability

Tal is regularly involved in litigation for and against directors of companies involving allegations of breach of duty and fraud. In addition, Tal has experience of investigating, advising and pursuing claims against insolvency practitioners, accountants and solicitors arising from breach of duty and/or regulatory obligations. Tal also advises professionals on appropriate compliance with requests made of them under the insolvency legislation and on their obligations under the relevant legislation and professional regulations.

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Corporate governance

Tal's experience in litigating over compliance with directors' duties has resulted in her also gaining significant expertise in advising directors of companies on their duties and appropriate governance principles at different points in the corporate life cycle.

Recent experience:
-engaged by the independent board of the corporate structure owning a very significant real estate asset to advise them on governance and duties

-advice to boards of several property development companies in relation to insolvency/directors' duties and possible bank enforcement action

-advice to boards of a number of restaurant groups in relation to options in view of COVID-caused insolvency.

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Professional services

Tal's focus on officeholder led contentious insolvency and asset recovery work means she is very experienced in acting for accountancy firms and specialist firms of insolvency practitioners together with the wide range of professionals that are essential for the functioning of the insolvency market.

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Banks and banking

Recoveries and security enforcement

Tal has acted for a number of large banks and financial institutions, both advising in relation to and bringing proceedings against corporates and individuals for the repayment of debt and other breaches of financial instruments. Tal's practice in this area necessarily involves review and enforcement of security and advice on the potential risks and advantages of insolvency proceedings, their relative likelihood and interaction with insolvency officeholders.