Duration Discipline in UK Insolvency Litigation

Why Speed of Resolution Matters

For insolvency practitioners, even strong claims can lose momentum. Prolonged pre-action exchanges, stop-start litigation and delayed engagement by respondents slow realisations and consume valuable officeholder time. In this environment, speed of resolution is often as important as the merits of the claim itself.

Manolete’s historic portfolio provides a consistent benchmark: approximately 97% of cases settle before trial, typically within 12–13 months of signing. That track record reflects a deliberately engineered operating model rather than chance.

Built for Speed

Speed is embedded in Manolete’s structure and processes:

• Internal decision-making enables rapid case review and signing (typically within 7–14 days), without waiting for external counsel’s opinion.
• Flexible assignment or litigation funding options allow immediate engagement in a structure suited to each case.
• Dedicated in-house insolvency litigation solicitors, focused exclusively on insolvency disputes, ensure rapid claim assessment and coordinated strategy alongside the IP and their chosen solicitors.
• Strong financial backing signals clear commitment to litigation where defendants fail to engage constructively in pre-action discussions — often shifting the settlement dynamic at an early stage.

This combination ensures cases are ready to progress decisively from the outset.

The Route to Settlement

Manolete’s structured approach shortens the path to resolution:

• Rapid internal case review
• Instruction of external lawyers (of the IP’s choosing)
• Fully particularised Letter Before Action
• Settlement meeting or mediation
• Issue of proceedings and pursuit to trial where necessary

Regular case monitoring prevents drift, identifies settlement blockers early, and maintains forward momentum — explaining why most matters conclude within 12–13 months.

Commercial Pressure Applied Early

Early engagement and clear signalling materially influence outcomes:

• Defendants face a funded claimant operating to a defined timetable from LBA through to issue.
• Credible intention to litigate creates legitimate commercial pressure and encourages timely settlement discussions.
• Structured early engagement reduces procedural delay and uncertainty.

This approach benefits officeholders and their advisers by creating a more predictable and efficient route to recovery.

Efficiency

Prompt decisions at the outset materially improve outcomes:

• Officeholders avoid prolonged periods of uncertainty.
• Defendants are engaged sooner, reducing tactical delay.
• Cases are guided efficiently toward resolution.

Prolonged litigation can create fatigue, weaken engagement and increase cost leakage. Maintaining momentum preserves the value of claims and maintains the viability of settlements.

Governance Maintains Momentum

An in-house team of 18 senior insolvency litigation lawyers provides continuous strategic and operational oversight throughout each case’s lifecycle, working collaboratively with the IP and their chosen solicitors.

This governance structure ensures cases progress without avoidable delay while preserving commercial focus.

Practitioner Benefits

For insolvency practitioners, lawyers and creditors, duration discipline delivers tangible advantages:

• Earlier clarity on potential creditor distributions
• Reduced administrative and reporting burden (and associated cost)
• Greater certainty in estate management
• More efficient allocation of officeholder time and resources

Speed is not simply a convenience - it directly supports estate efficiency and creditor outcomes.

Why Speed Delivers Better Outcomes

Duration discipline improves creditor recoveries by:

• Reducing cost leakage
• Preventing litigation fatigue that can erode claim value
• Accelerating distributions and enabling earlier estate closure
• Increasing certainty for practitioners managing multiple recoveries
• Lowering ongoing administrative demands

Fast resolution is therefore a core economic advantage, not merely an operational preference.

Proven Results

• 97% of cases settle before trial
• 12–13 months typical duration to resolution

These outcomes reflect a consistent model: early engagement, disciplined process and robust governance.

Closing Perspective

In UK insolvency litigation, duration discipline matters. Claims that progress swiftly retain commercial pressure, reduce friction for officeholders and deliver earlier value to creditors.

Manolete’s model - built on assignment capability, rapid decision-making, early engagement and structured oversight - ensures insolvency claims move from instruction to resolution with pace, clarity and reliability.