The transport law team assisted its client throughout the various stages of this procedure, in particular in regard to:
- preparation of formal notices outlining the transporter’s failure to perform certain clauses of the contract and letters providing notice of the breach of contract;
- development of legal arguments in response to the grievances invoked by the transporter (tax on diesel, abrupt breach of contract…) ;
- confidential negotiation with the Transporter’s legal counsel with a view to reaching a settlement of the dispute;
- guidance provided to client during the various stages of the transporter’s company rescue scheme and then its liquidation (statement of debt, claims on merchandise…);
- holding and finalization of negotiations with the court liquidator;
- prior authorization of the settlement by the bankruptcy judge and Court approval of the instigation of the transporter’s insolvency proceedings.
In the frame of transport law and the above insolvency issues, the upstream intervention of our transport law team enabled the parties to find a safe, out-of-court resolution for an unsatisfactory long-standing commercial relationship where one party had become over reliant on the other and was encountering financial difficulties.