Insolvency Litigation

Our Insolvency Litigation team receives instructions from Insolvency Practitioners, funders and creditors in representing their interests pre- and post-insolvency.


In a corporate insolvency context, we regularly advise clients in relation to the following claims:

  • Unfair preference and gratuitous alienations
  • Wrongful trading
  • Retention of Title
  • Directors’ duties and disqualification

We also advise Trustees in sequestration on recovering assets and the many contentious issues which arise with debtors who refuse to cooperate with the Trustee.

Additional Services

In addition, we regularly act for clients in presenting routine applications in liquidation, administration and sequestration proceedings, including notes for extension of administrations, fixing of insolvency practitioners’ remuneration, sanction to raise court proceedings by and against companies in a formal insolvency process and actions to recover possession of heritable assets.

Our Insolvency Litigation team regularly deals with cases in the Sheriff Courts and Court of Session.



  • "MacRoberts fields a well-balanced team, which handles both contentious and non-contentious matters. The practitioners are responsive and deliver actionable and practical advice."

    Legal 500
  • "If I need something done, MacRoberts will move heaven and earth to do it."

    Chambers UK Guide to the Legal Profession
  • "We have found them helpful, knowledgeable and proactive in the advice they have offered and innovative in the solutions they have suggested."

    Chambers UK Guide to the Legal Profession

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