Creditor Enforcement

Decisive legal support for secured creditors enforcing their position.

Talk to our Restructuring and Insolvency Team.

Acuity Law’s creditor enforcement team advises secured lenders, banks and other creditors on enforcing their security quickly and effectively when a borrower defaults or enters financial difficulty.

When a borrower’s position deteriorates, the speed and quality of the decisions a secured creditor takes in the first days can determine the outcome for the whole recovery. We advise lenders on the options available under their security, the risks of each route, and how to move decisively while protecting against later challenge.

We work closely with banks, alternative lenders and other secured creditors, often stepping in at short notice, to assess enforcement options, appoint the right office -holder for the situation and support that office-holder once appointed.

Our focus is always commercial: identifying the enforcement route that maximises recovery for our client while minimising execution risk and the prospect of dispute.

Our Specialist Services

Whether you hold a fixed charge, a floating charge, or both, our services include:

We advise secured creditors on enforcing fixed and floating charges, including assessing the scope and validity of security, the priority of competing claims, and the most effective enforcement route available on the facts.

Restructuring, Insolvency & Debt Recovery Work Highlights

Our specialist team has a wealth of experience acting for secured creditors on charge enforcement and office-holder appointments. A small number are included below:

Director
Instructed on behalf of a director to defend a claim brought by Administrators alleging preferential payments under s.239 of the Insolvency Act 1986, a transaction at an undervalue under s.238, and breach of directors’ duties.
Liquidators
Advising the Liquidators on a potential claim against the former director of a liquidated company regarding certain preferential payments (including director’s loan account repayments and pension contributions), potentially unlawful dividends, wrongful trading, and breach of directors’ duties.
Secured Charge Holder
Instructed on behalf of Secured Charge Holder to assist with the appointment of a Receiver.
London based hotel
Successfully achieved a rescue and solvent return of a company in administration running a large London based hotel.

What Our Clients Say

The team consistently displays a complete commitment to supporting you in getting the engagement completed successfully and efficiently.

Highly personable individuals across the team, able to translate their demonstrable strong technical knowledge into “easy to understand” language and advice.

Meet the Team

Meet the wider team

Our restructuring, insolvency and debt recovery solicitors advise businesses, creditors and investors across the full range of distressed situations, from early-stage planning through to formal proceedings. Talk to us today.

Aisha Wardell

Senior Partner
Commercial Litigation Team Dispute Resolution & Litigation Cardiff
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Jared Ursell

Partner
Commercial Litigation Team Dispute Resolution & Litigation Cardiff
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Huw Roffe

Partner
Commercial Litigation Team Dispute Resolution & Litigation Cardiff
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Awards & Credentials

The Commercial Litigation Team is ranked Tier 1 in the Legal 500

Legal 500

The Commercial Litigation Team is ranked Band 2 by Chambers and Partners

Chambers and Partners

Aisha is listed as a Leading Partner in the Legal 500

Legal 500

Aisha is ranked Band 1 by Chambers and Partners

Chambers and Partners

The Property Litigation Team is ranked Tier 2 in the Legal 500

Legal 500

The Property Litigation Team is ranked Band 2 by Chambers and Partners

Chambers and Partners

Rachelle is listed as a Leading Partner in the Legal 500

Legal 500

Beverley is listed as a Leading Partner by Chambers and Partners

Chambers and Partners

Beverley is ranked Band 2 in the Legal 500

Legal 500

Christopher Agius is listed as a Next Generation Partner by the Legal 500

Legal 500

Jennifer is listed as a Next Generation Partner in the Legal 500

Legal 500

Jennifer is ranked Band 2 by Chambers and Partners

Chambers and Partners

Our Expertise: We Also Advise On

Our team often intersects with other areas of business and commercial law. In addition to advising on directors’ duties and insolvency risk, we also provide a comprehensive range of legal services. Some of these include:

Full list of services about Services
Litigation and Dispute Resolution

Our expert litigation lawyers can assist businesses in resolving commercial disputes quickly and efficiently, from initial risk management to litigation. When appropriate, we will always explore alternative dispute resolution options.

Learn more about Dispute Resolution and Litigation
Corporate

From Series A funding and management buyouts to major acquisitions and full exits, we act on transactions at every stage of the business lifecycle.

Learn more about Corporate Law
Employment and HR

A full range of employment and HR legal advice including TUPE advice, tribunal defence, HR documentation and general employment advice and guidance.

Learn more about Employment & HR
Banking & Finance

Funding structures, loan facilities and financial arrangements to support your transaction.

Learn more about Banking & Finance
Need a law firm on a retainer with preferable rates?

Our Acuity Counsel Service provides you with your own dedicated team, with the ability to manage budget and control costs.

Learn more about Counsel Service

Latest Insights from Our Team.

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General Enquiries

+44 (0)333 016 3553 [email protected] Connect on LinkedIn