Clarkslegal LLP - Solicitors in Reading and London

Restructuring & insolvency Law

We have an excellent reputation and proven track record in restructuring and change management programmes.

We offer sound strategic advice to management of all levels to address the challenges faced by all businesses to reduce costs and improve efficiency, whilst continuing to deliver quality service and an engaged workforce.

We have a wealth of experience to offer clients of all sizes who need to embark on a redundancy process of any scale. Our approach is to work with you strategically and commercially to deliver the best result. In addition to legal support, this includes stakeholder engagement, communications support, scenario planning and project management as required.

We can provide template documents for all aspects of the redundancy and consultation process, coupled with the in-depth expertise to help you anticipate and address some of the more difficult challenges that redundancy processes throw up, from union negotiations and industrial disputes, to sensitive communications and employee engagement.

We are also in the unique position of being able to draw on support when required from Forbury People, our subsidiary HR consultancy who often work alongside us providing an extra pair of hands or specialist skills on particular projects. We appreciate that employees are vital to the success of any business; change is unsettling and we have excellent experience of establishing positive employee engagement mechanisms to support such change programmes.
We have experts who regularly advise on business sales, whether it is a sale by a company or whether a business is split for commercial or financial reasons. Our experts take care to understand the underlying assets and liabilities of the business and your key objectives. Transferring assets and liabilities can be tricky and expensive if not done correctly. Working closely with you and your other professional advisers, we quickly identify those assets and liabilities that will form part of the sale and seek to ensure that the legal documentation properly deals with the transfer of such assets and liabilities including obtaining any third party consents and dealing with any novation and assignments.

Business sales, whether of the whole or part of a business, may involve the transfer of staff to the new buyer, giving rise to consultation obligations on both seller and buyer and potentially significant liabilities if ignored. We can help advise you on those obligations, the risks and how best to manage them through the commercial contract documentation, including how best to manage the employees, their benefits and pension rights.
Many companies restructure through outsourcing or insourcing services. These transactions can be unsettling for staff and legally complex, with risks of expensive protective awards and unfair dismissal claims if not handled properly. We have been advising clients for many years
Sometimes restructuring a business does not involve losing people, but rather the need to get existing employees to adapt and/or accept changes to their terms and conditions of employment. Always a sensitive issue, there are ways of making such changes to meet the future business needs whilst limiting the risk of claims. However, change to T&C’s may involve having to comply with collective redundancy consultation processes and a careful analysis of the business case to avoid unfair dismissal and/or breach of contract claims. Over the years we have helped many clients successfully restructure their businesses for the future through changes to T&C’s and can advise on all aspects of the process to ensure a smooth transition throughout the change programme.
We have wide ranging experience of working for insolvency practitioners in London and the Thames Valley in the full range of corporate and individual formal insolvency procedures. As well as dealing with all procedural matters we have particular interest in challenging antecedent transactions. Our broad commercial background allows us to give a continuity of service by bringing and defending “non-insolvency” claims within formal insolvency procedures.
Fast action is needed if a client’s customer or supplier goes bust. We act on retention of title claims, tenant default and non-payment of contractual debts.

We also give guidance to companies and their directors who are suffering financial difficulties, to explain the risks of continued trading and to investigate how the business might be saved. Where necessary, and in conjunction with insolvency practitioners, we will arrange for the company to enter a formal insolvency procedure.
We have experience of dealing with all aspect of bankruptcies and individual voluntary arrangements. In recent years we have developed a specialist practice focussing on individuals who have petitioned for bankruptcy after moving to England from another EU member state. We also act for individuals in defence of director disqualification applications.