MANOLETE PARTNERS Plc

MANOLETE PARTNERS Plc's recognition as a Financial Times Europe Long-Term Growth Champion 2025 This accolade reflects over a decade of consistent revenue growth and innovation under the leadership of CEO and Founder Steven Cooklin and our commitment to excellence in insolvency litigation financing. This recognition reaffirms our dedication to working in collaborative partnership with our valued IP's and lawyers in providing best-in-class services, ensuring that our partners can trust in our expertise and commitment to achieving optimal results. #ClientCommitment #LongTermGrowth #FTGrowthChampions2025

Sometimes Saying “No” Is the Right Thing to Do 🙅♂️⚖️ Every insolvency case brings its own set of challenges, and we approach each one with a commitment to fairness, diligence, and maximising returns for creditors. But sometimes, the best decision we can make is to say “no.” We recently reviewed a case involving a company that entered liquidation after a history of financial struggles. The director had misused a Bounce Back Loan (BBL), and while there were apparent claims to pursue, further investigation revealed significant barriers: 👉 The director had no meaningful assets—no owned property and minimal income. 👉 The company’s financial records suggested limited scope for recovery, with funds already accounted for and no viable targets for repayment. 👉 Even the claim’s potential value was outweighed by its complexity and the director’s apparent defences. Why does saying “no” matter? As much as we want to help insolvency practitioners and creditors recover funds, pursuing a claim where recovery cannot be made is not appropriate and ties up resources and time that could be better spent elsewhere. By making this call, we can focus on cases where we can make a difference—where the chances of recovery justify the effort and cost. Every “no” ensures that when we say “yes,” it’s with full confidence that we’re working hard to create real value. It helps us to stay true to our purpose of maximising creditor returns and helping insolvency practitioners solve the most challenging problems. If you’re facing a tricky case and need an honest assessment, let’s have a conversation. Sometimes the hardest calls lead to the best outcomes. #Insolvency #ToughDecisions #FocusedOnValue 💼✨

When the Story is Complex, We Step In to Help In the world of insolvency, not all cases are straightforward. Recently, we encountered a case involving a company providing accountancy services that had fallen into liquidation. This particular case was a tangle of alleged misuse of funds, interconnected companies, and directors with questionable financial dealings—stretching back years. The claims were extensive: unauthorised dividends, director loans, unexplained expenses, and questionable payments to related entities. One challenge was the sheer age of some transactions, complicating recovery efforts. Add to this the financial constraints of the directors involved, and it became clear this was not a simple matter. So, why do we take on cases like this? Because creditors deserve a fair return. Because insolvency practitioners and their solicitors often face significant barriers in pursuing such claims—time, cost, and risk among them. And because, without intervention, these complex situations often remain unresolved, leaving creditors empty-handed and wrongs unaddressed. By stepping in, we assume the financial and legal risks. We investigate deeply, collaborate with skilled professionals, and apply pressure where needed. Even in cases with a limited window for action or challenging circumstances, we strive to deliver results—helping creditors see some return and ensuring accountability. This case reminded us why we do what we do: to bring clarity and justice to even the messiest situations. If you're grappling with a similar challenge, let's talk. Visit www.manolete-partners.com for more information. #Insolvency #Litigation #CreditorsRights #TurningComplexIntoPossible #HelpingCreditors #MakingADifference 💼✨

🎯 The First Rule of Litigation Finance: 💡 Always check if your target has the means to pay. Sounds simple, right? Yet, it's often overlooked – and that's a mistake. It's like lending money without checking creditworthiness. Don’t be that person. 📌 Before commencing litigation, understand the target defendant’s ability to pay. Here’s why: 👉 A target with assets to lose often settles faster and is more likely to pay. 👉 A target with no money may have nothing to lose and might contemplate bankruptcy instead. Pursuing litigation without checking could cost more in legal fees and disbursements than it’s worth. ✨ At MANOLETE PARTNERS Plc, our dedicated Net Worth Reporting team ensures this critical step isn’t missed. 🔍 What they do: ✅ Provide rapid financial assessments of proposed defendants – often within just a few days. ✅ Deliver actionable insights to our Associate Directors to inform decisions. This meticulous evaluation ensures that Insolvency Practitioners (IPs) and lawyers trust us to deliver value – time and time again. 📈 Manolete: Always adding value to insolvency litigation. #Insolvency #LitigationFinance #NetWorthCheck

🚨 Webinar Success! A Deep Dive into Breach of Directors' Duties 🚨 On 19 November 2024, MANOLETE PARTNERS Plc partnered with ICAEW to deliver a webinar on Breach of Director Duties as an Extension of Reviewable Transactions in Insolvency. The engagement was incredible, and we're thrilled with the response. Here are the highlights: 🌟 Audience Feedback: The feedback was overwhelmingly positive: Attendees really appreciated the clear explanations of the law, real-life case studies, and practical insights into preference claims and sham transactions. 💬 One attendee noted: "It was a very useful reminder of the ins and outs of the various transactional claims in insolvency." A big thank you to Charlotte May for her expert delivery and to ICAEW for hosting such an impactful session. #Insolvency #DirectorsDuties #CaseLaw #Webinar #Manolete

The Dirty Deed: When Directors Cross the Line Using company funds for personal expenses is a risky move for directors. But what happens when they can't provide evidence that the payments were legitimate? When directors fail to properly account for or justify personal expenses paid by a company which enters into administration or liquidation, this often results in cases being referred to MANOLETE PARTNERS Plc and potentially court proceedings. Without clear justification, such actions can lead to personal liability on the part of the director. Key points to remember: Separation of personal and business expenses: Companies are separate legal entities from their directors, and expenditure must be incurred 'wholly and exclusively' for business purposes. Director's loan account: Personal expenses paid by the company should typically be recorded in the director's loan account, not claimed as business expenses. Personal liability: Directors can be held personally liable for improperly using company funds or breaching their fiduciary duties in the context of operating a loan account and failing to regularise the same. MANOLETE PARTNERS Plc v Karim & Ors [2024] EWHC 2053 (Ch) provides significant guidance on directors' personal liability for improper use of company funds and breach of fiduciary duties. The court emphasised that directors have a fiduciary obligation to account for their dealings with company property. In this case, the judge found that the directors had breached their duties under sections 171, 172, and 174 of the Companies Act 2006 by causing the company to make substantial payments primarily for the personal benefit of the directors and their associates. The court held the directors personally liable for numerous improper transactions, as the directors effectively treated the Company’s funds as their own, displaying a “cavalier and disingenuous approach towards the management of the Company's financial affairs, the proper custodianship of its assets, and consideration of the interests of its creditors.” Importantly, the judgment highlighted the burden is on directors to explain transactions involving company property and it is therefore important for directors to keep accurate records of all transactions between the company and directors. Cases like this show why Manolete exists—to hold directors accountable and recover money for creditors. If you’re an office holder dealing with similar misconduct, visit our website www.manolete-partners.com to see how we can help.

Ole! Ole! Ole! It's time to celebrate collaborations and glean some groundbreaking insights. The R3 Association of Business Recovery Professionals Technology and Insolvency panel session was a fiesta of technical updates, topical discussions, and valuable networking opportunities. A special shout out to the speakers who dazzled the audience with their illuminating insights on the world of cryptocurrency. Thanks for showing us the light, amigos. Arriba!

MANOLETE PARTNERS Plc Partners focuses on several types of insolvency-related claims, including: 🔸 Overdrawn Directors' Loan Accounts – A common claim referred to Manolete. We assist insolvency practitioners and insolvency solicitors by providing finance and support in recovering ODLAs for the benefit of insolvent estates. 🔹 Preference Claims – Actions taken by insolvent companies or individuals that put certain creditors in a better position than they otherwise would have been in the months leading up to insolvency. ⚖️ Breach of Fiduciary Duty/🔻 Misfeasance Claims – Claims against directors for breaching their duties to the company, particularly when it’s insolvent or nearing insolvency covering corresponding claims like transactions at an undervalue, preferential payments, concealing or removing assets, and failing to monitor the company's finances. 📉 Unlawful Dividends – Claims related to dividends paid to directors in breach of the Companies Act. 💸 Transactions at an Undervalue – Pursuing cases where company assets were sold or transferred for less than their market value. 🚫 Wrongful or Fraudulent Trading – Actions against directors who continued trading when they knew (or should have known) the company was insolvent. 💼 Tax Avoidance Schemes – Claims against directors who engaged in tax avoidance to the detriment of creditors. 💰 Manolete either funds these claims or purchases them from insolvency practitioners by way of assignment, providing financial backing and expertise to pursue meritorious cases and maximise returns for creditors.

Here's a story about the hidden power of networking: Tanya Barrett, our Associate Director in London was introduced to IWIRC - (International Women's Insolvency & Restructuring Confederation) which has an active presence in the UK. Tanya attended a few events, made some connections, and before she knew it, her network had grown. MANOLETE PARTNERS Plc then became a Gold Sponsor of IWIRC, and we have seen remarkable growth in both it's membership and impact since joining as a sponsor. We are delighted to play a supportive role in advancing IWIRC's mission of connecting and promoting women in the insolvency and restructuring professions. The connections we made through IWIRC have been fantastic across our regional networks. We are proud to be a Gold Sponsor of IWIRC.

Good morning, fellow learners! Are you ready to level up your knowledge game? We’re excited to bring you a one-of-a-kind interactive lunch and learn session. You won't be just sitting there nodding your head while monotone speakers drone on, trust us. We’re here to challenge, engage, and inspire you. In just one hour, you’ll walk away with practical insights, ready-to-implement tips, and newfound motivation to take insolvency litigation to the next level in your practice. As you know, talking face-to-face is invaluable. And while our recent lunch was great, there's more we can do to help your team. MANOLETE PARTNERS Plc offers free Lunch & Learn sessions. We cover: • A one-hour informative session led by litigation finance industry experts from Manolete, with additional time for discussion and Q&A. • The option to host the session at your office, online, or as a hybrid event, at a time that suits you. • A focus on practical insights and shared experiences, rather than formal legal training, to foster an environment of collaborative learning. We are currently offering the following sessions: Director Loan Accounts and Dividends: Ensuring Accountability Director Loan Accounts Dividends Directors Duties Claims against directors and their advisors in relation to the above Investigations: Use of company and other records Questions to ask in the investigation of DLA, unlawful dividend, antecedent transactions, misfeasance and other claims Options for funding and protection/exclusion of risk Anatomy of a Claim: Antecedent transactions (TUV; preferences; transactions defrauding creditors) Wrongful trading and fraudulent trading Overlapping claims and joint and several liability Debt and contract claims Limitation Our clients rave about it. It's a chance for us to share our experiences, and your team to improve their insolvency litigation skills. It's a natural fit for Insolvency Practitioners who want to: 🏄♀️ Improve their team 🚀 Grow their business 💸 Drive more revenue If you're interested in attending a free session, let me know. We'll arrange everything. Contact our Head of Business Development Andrew Cawkwell to book your place: andrew@manolete-partners.com 07702 319421