Matrix Legal & Forensic

Forensic Insolvency

Investigating the demise of a business through negligence, misappropriation of assets or misconduct

The investigation of a business that has failed through the negligence or misconduct of its directors, requires a skilled approach to identify areas of concern. We work with insolvency practitioners (IPs) to identify areas to examine, collect evidence and assist in pursuing claims.

Whilst there are relatively few UK-based specialists in this field, we already have a formidable track record and have developed strong relationships with a network of UK-based solicitors who rely on us for our opinions and input.

Our services include:

  • Acting as expert witnesses in disputes relating to failed businesses – including quantifying losses caused by business cessation, and withholding funds from businesses

  • Acting as expert witness in insolvency litigation including the provision of expert opinion on solvency and viability as part of proceedings to overturn transactions

  • Directors’ defence relating to disqualification or claims

  • Alternative dispute resolution including acting as mediator in insolvency-related actions, and providing expert determinations in a range of ancillary matters

  • Acting as expert accountant and/or valuer in restructurings – including valuation of troubled and insolvent businesses; solvency opinions for transactions; pension fund

Note: we are not licensed Insolvency Practitioners, but will work with the instructing solicitor or appointed IP.

What is forensic insolvency?

Forensic insolvency is a specialized field that involves the investigation of financial matters in the context of insolvency, which refers to the inability of a business or individual to pay their debts as they come due. Forensic insolvency professionals are often called upon to assist in the resolution of insolvency cases, and they may be involved in a variety of activities, such as reviewing financial records, identifying assets, and determining the causes of insolvency. They may also work with legal counsel and other professionals to develop strategies for addressing insolvency and to negotiate with creditors. 

Forensic insolvency professionals typically have a strong background in accounting and finance, as well as experience in conducting financial investigations. They may be certified as forensic accountants or hold other relevant professional designations. In some cases, forensic insolvency professionals may be called upon to testify in court or other legal proceedings as expert witnesses. 

When should I consider forensic insolvency?

There are several situations in which it may be appropriate to consider forensic insolvency. For example: 

  • If you are a business owner or individual who is experiencing financial difficulties and is unable to pay your debts as they come due, you may want to consider engaging a forensic insolvency professional to help you understand the causes of your financial problems and identify potential solutions. 

  • If you are a creditor of a business or individual that is insolvent, you may want to consider engaging a forensic insolvency professional to help you understand the financial condition of the debtor and to assist in negotiations with the debtor and other creditors. 

  • If you are a trustee, receiver, or other party involved in an insolvency case, you may want to consider engaging a forensic insolvency professional to assist in the investigation of financial matters and the resolution of the case. 

  • If you are an attorney or other legal professional representing a party in an insolvency case, you may want to consider engaging a forensic insolvency professional to provide expert testimony or to assist in the preparation of your case. 

Contact us

Find out more about how Matrix Forensic can help with forensic insolvency by sending us an enquiry.

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