Is there any point in suing a company that has or might go into creditors voluntary insolvency? Especially if you are an unsecured creditor who is bottom of the food chain even IF a judgement is obtained
well, I know nothing about these things because it's not my forte but ... Common sense tells me 'no' but heck, what do I know I'm only a criminal lawyer
Its really a judgement call on your behalf, if they do go into insolv chances of you getting anything are nil, but if they turn things around, u'll still have ur judgement to enforce against. Its whether its worth the hassle on your part.
Depends - if they have any assets, you might be able to get a judgment and a charging order before they go insolvent if you're lucky. If not, or if they've already started insolvency proceedings, it's probably throwing good money after bad.
if it has gone into inolvency and you are pursuing a debt arising from some sort of contractual agreement you will likely not suceeed. Unless possibly if it is from a protected category such as unpaid wages.
If you have a directors guarantee or something that looks a lot like a directors guarantee (or a guarantee from a parent company to come to the rescue) you may have a cause of action against them.
It is worth digging around to see if you have any cause of action against anyone else.
It is also worth considering if you are chasing payment for goods whether you can turn up at the storage yard and simply reposess the goods.
If your action arises in tort and the company had valid insurance at the time then you may have an right of action against the insurer such as under the EU the directive for RTA matters. You may also be able to have the company restored to the roll on companies house for an action in negligence. The company would still be a hollow shell but the insurer would be obligated to pay.
Consider what the position is under Bailment also.
Consider if part 18 is useful to dig out details that are being witheld.
If your case is weak consider a quick counsels opinion.
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