Settlement Secured in Commercial Contract Dispute acting for Insolvency Practitioners
Acting on a fully contingent basis for insolvency practitioners in a contract dispute between two pharmaceutical companies
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FS Litigation is a litigation-only firm ranked Band 1 in Chambers & Partners and Top Tier in Legal 500. We act for insolvency practitioners—liquidators, administrators, receivers and trustees in bankruptcy—on complex recoveries and defence work, with a track record of multi-million-pound outcomes for insolvent estates and creditors (including HMRC).
We understand the realities of office-holder litigation: funding constraints, adverse costs risk and the need to move quickly. We structure contingent fees (where appropriate) alongside ATE insurance (including anti-avoidance endorsements) and third-party funding to neutralise security for costs exposure and personal risk, so meritorious claims can proceed.
Our lawyers are frequently instructed on cases that proceed to the High Court and Court of Appeal, as well as being reported in the legal and business press. Our lawyers are also well-versed in representing clients in mediations and other forms of dispute resolution (ADR).
Our specialist litigation team has a reputation for delivering results in complex and high-value cases. We advise across a broad spectrum of disputes, including:
- Office-holder claims: misfeasance (s.212), wrongful trading (s.214), unlawful distributions, breach of duty, transactions at an undervalue (s.238), preferences (s.239), transactions defrauding creditors (s.423)
- Director & shareholder disputes: removal, information/disclosure, derivative claims
- Urgent relief: freezing orders, proprietary injunctions, Norwich Pharmacal / Bankers Trust
- Asset tracing & recovery: domestic and cross-border enforcement
- Contract & insurance disputes: supply, indemnity/coverage, debt recovery
- Professional negligence & tax scheme claims (including promoter/adviser recoveries)
- W&I / breach of warranty disputes arising post-insolvency
Dermot J Power, FRP Advisory (Former BDO Partner)“The hard headed pragmatic approach produced a quite spectacular settlement of a matter that appeared to be going nowhere.
An equally measured but more empathetic approach left my referred clients in a very grateful position.
FS Litigation are a smart no nonsense boutique who get results.”
Christopher Whiteoak, Insolvency Practitioner at Whiteoak Morris Limited“We needed legal guidance on a technical matter and FS Litigation provided excellent advice that was pragmatic and commercially minded, cutting through the issues and mapping out the options. Highly recommended.”
Legal 500“A team of strong lawyers carrying out serious cases against London firms”
Legal 500“The depth and breadth of their team is very strong….They are exceptional”
Office-holder recovery in pharma supply dispute (CFA + ATE)
Acting for the Administrators of an insolvent pharmaceutical company, we revived proceedings that had been stayed for several years including a valuable counterclaim worth multiples of the supplier’s claim. Using a contingent-fee structure and ATE insurance (with anti-avoidance) which neutralised security-for-costs risk, we issued an application for a substantial interim payment resulting in us being able to leverage a favourable settlement—returning cash to the estate without exposing the office-holders to personal liability.
Our team was praised in particular by the Administrators for taking on a case that had been “stuck” for years and bringing it to a successful conclusion within a matter of months.
Commercial Litigation
Commercial disputes are often high-stakes, complex and business-critical. They can involve contracts worth many millions, urgent injunctions, or shareholder and partnership disagreements that determine the future of a business.
Professional Negligence
Our lawyers are individually recognised as experts in their field and FS Litigation itself is renowned nationally for combining technical expertise with the tactical judgment needed to achieve results in the most challenging circumstances.
Tax Negligence
We are one of the UK’s leading firms for claims arising from negligent tax advice and failed tax mitigation schemes. Ranked Band 1 in Chambers & Partners and Legal 500, we are particularly noted for our expertise in high-value, high-profile tax negligence disputes.
Our accreditations affirm our position as a leading commercial litigation firm. These independent legal directories conduct in-depth research, including thousands of interviews with clients and peers, to identify and rank the top firms and individuals in the UK.
Being ranked is a testament to our technical legal ability, commercial astuteness, and unwavering commitment to client service. It’s an external validation of the exceptional quality and results we consistently deliver for our clients.
Where negligent tax advice or a failed scheme has caused you or your business substantial loss, our Band 1-ranked team can advise on the most effective recovery strategy.
Contact us in confidence on 0161 714 4520 or via our secure enquiry form.