Episode 6 - Disclosure: Full and Frank

Most insolvency practitioners and legal professionals miss crucial disclosure pitfalls that can sink a whole case — and this episode reveals how to avoid catastrophic errors. Luke Harrison, founding partner of Keidan Harrison LLP, a insolvency dispute lawyer, exposes the overlooked details that led to the striking out of a multi-million-pound claim, risking millions in assets and reputation. In this episode, we break down the often-missed importance of proper disclosure in insolvency litigation, especially under strict Practice Direction (PD 57 AD). Luke shares firsthand insights on the critical steps insolvency practitioners (IPs) must take to ensure they meet their disclosure obligations — from managing electronic data to understanding their clients’ complex roles in litigation. We explore how failure to disclose adverse documents, at a critical time, can halt cases in their tracks or worse, lead to wasted costs orders and claim dismissals. You'll discover: why the law’s evolving disclosure rules are vital for insolvent estates, how to implement effective review procedures using specialist software, and why IPs must proactively question their legal teams — even when it feels cumbersome. Luke also reveals the deep responsibility on IPs to safeguard the estate’s assets and how ignoring these can jeopardize recovery efforts. This episode underscores why transparency, early insurer notification, and robust evidence collection are your best defenses in insolvency litigation. Ignoring these lessons isn’t just risky — it can wipe out valuable claims and leave estate assets unprotected. Whether you’re an insolvency professional, lawyer, or creditor with a stake in asset recovery, understanding these pitfalls is essential to turning litigation into a successful asset recovery tool rather than a costly gamble.