The company is a claimant in some of the cases (all monetary claims for breach of contract) and a defendant in others. What course of action should the lawyer handling the cases take? The company seems to be only interested in passing on all liability, including Solicitors fees, to the liquidator to be appointed.
1 Answers
The Liquidator will assume statutory responsibility for liquidating the company and exercising its corporate powers. Best course is to reach agreement with the Liquidator to recognise your fees as necessary costs in the winding up - i.e. recovery of debts to add to the capital of the Company or necessary defence of claims to prevent diminution of assets - and payable out of the assets (including those recovered by the solicitor) in priority to all other claims. Challenge is - in a Creditor voluntary winding up (CVWU), your client's creditors will control the Liquidator appointment with limited opportunity for you to influence this arrangement or even the appointment of a solicitor to assist the Liquidator. Conversely, a members voluntary winding up (MVWU) presents a clearer path. Failing that be prepared to fall in line as an unsecured creditor.
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