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INSOLVENCY DISPUTES

We mitigate risks for insolvency practitioners and help claimants in insolvency disputes to access the money they are entitled to.

When a firm is placed into administration or liquidation, the appointed insolvency practitioner takes on any outstanding claims relating to the business and may have officeholder claims. The high cost of pursuing legal claims means that many are either not pursued or are settled for below their potential value. That means claimants, including creditors, miss out on money they are entitled to.

Asertis helps to ensure insolvency claims are pursued fully either by funding insolvency firms to bring legal action, or by purchasing claims outright from the insolvency practitioner and taking the claims forward with a relevant law firm.

We take on all insolvency claims, ranging in value from £250,000 up to claims worth hundreds, millions or even billions of pounds. If the legal action is successful, the settlement is split in a pre-agreed way between Asertis and the insolvency practitioner. The insolvency firm then distributes the proceeds accordingly among claimants and creditors.

Key Terms

  • Funding – we agree to provide the insolvency practitioner an agreed amount, which they use to pay the legal costs required to pursue the claim to its conclusion.
  • Assignment – we purchase the claim outright and retain and pay solicitors to pursue it.

Criteria

Each case is considered against a range of factors:

  • Merits: We need to understand the basis for the claim to assess the prospects of success.
  • Recoverability: Where, and against whom, will claims be brought? Does the defendant have sufficient assets, or an insurance policy, to satisfy a judgment against them?
  • Economics: How much investment is required to succeed in the claim? Is this proportionate to the quantum and how long will it take to secure recovery?

FIND OUT HOW WE CAN HELP

If you are interested in discussing our specialist services, please get in touch.