Withers Bergman LLP

In the past, distressed companies would either be wound up or placed into receivership and broken up as a matter of course. More recently the ability to protect and restructure businesses is key.

We have built upon our longstanding reputation in the market by expanding our insolvency team in the UK and US.  This has enabled us to meet the challenge provided growing internationalization of the insolvency and business turnaround market. Our experience and know-how of dealing with complex fraud cases has over the years resulted in significant instructions being obtained in relation to both the main BCCI and Parmalat liquidations.

We advise directors of distressed companies in relation to their responsibilities under the Insolvency Act 1986. We also regularly advise clients on turnaround and reconstruction work, compulsory and voluntary liquidations, administrations, company voluntary arrangements and bankruptcy.

We also assist with cross-border fraud and asset-tracing, and arrange for the cooperation of the English court over letters of request received from courts of other jurisdictions. 

Our clients include insolvency petitioners, lending institutions, companies, directors and individuals.

A significant amount of our work involves international insolvencies (often on behalf of foreign insolvency practitioners), and our clients are based in many countries including the UK, US, Italy and Australia.

Recent work
 

• Acting for the provisional liquidator of BCCI.
• Acting for the Australian liquidator of the Bond Group in relation to letters of request issued to the English Court and in relation to the realisation of assets located in the UK.
• Acting as the Court-appointed receiver of assets in an action brought by the liquidators of BCCI Cayman.
• Acting for the Italian administrator of a law firm in Milan whose exclusive client had been the Parmalat Group.
• Acting on behalf of the administrator in the administration of Fashion Café (UK) Limited.
• Acting on behalf of the liquidators of MT Realisations Limited in the Court of Appeal determination of fixed and floating charges and financial assistance.
• Acting in the liquidation of a major electronics company, AKAI Holdings, In Hong Kong and Bermuda, including the commencement of proceedings for recovery of US$50 million.
• Advising in relation to retention of title claims brought by large creditors in the administrations of Court (UK) Limited and LDV Limited.

We are an equal opportunity employer committed to enhancing diversity within the workplace.

We recognize and value the benefits that a diverse workforce can bring to the organization. Diversity is not limited to gender and ethnicity, and includes factors such as religion or belief, disability, age, marital status and sexual orientation. All our employees and Partners are responsible for the promotion and advancement of equality and diversity within the Firm.

Much of our work on diversity in the last three years has been about putting good monitoring tools in place to ensure that we understand where the gaps are within our workforce, making changes to our strategies and communicating our policy on equal opportunities and diversity to our staff and training those involved in managing and recruiting others.

Since 2002, Withers has experienced a period of growth. The expansion of our client base has highlighted our clients' need for a highly skilled and diverse workforce. The business need to support diversity is evident and Chris Priestley (a Partner in our Commercial group) has been nominated to ensure that Diversity is high on the partnership agenda.

Diversity Audit

In 2006 we undertook our first diversity audit of our workforce, monitoring age, sexual orientation, religion, ethnicity and disability. New joiners are monitored on an ongoing basis. Our diversity statistics are published below.

Communication of our commitment to Diversity

Each year our staff are asked to acknowledge their understanding of and commitment to the Firm’s Equal Opportunities Policy as part of our annual audit.

Our Supervisors and Partners receive training to ensure they understand their obligations in implementing our equal opportunity policy in the workplace.

In addition, all interview panelists are trained in the Firm’s approach to diversity and given guidance on our structured skill based approach to interviewing.

Promotion and Access to Development

Opportunities for promotion are communicated and made available to all staff on a fair and equal basis. A skills framework is used in all promotion, appraisal, and pay discussions to ensure a consistent and fair approach across the Firm.

Selection of candiates for promotion to 'Of Counsel or Partner' status is undertaken by a panel of Withers Partners, whose selection decisions are based upon technical expertise and pre-defined partner competencies.

Training is made available to all staff and Partners in line with our business needs. Training needs are recognized formally via our appraisal process, which is objective and skill based, to ensure a fair and equal approach.

Recognition for Diversity

Withers was ranked 2nd (out of the top 100 law firms) for having a high percentage of female equity partners in The Lawyer Career Report Survey 2006.

Withers also ranked 2nd (out of the top 50 firms) for Diversity with respect to women and ranked 1st for Diversity with respect for Gay and Lesbians in the Vault survey 2006.