Insolvencies may be corporate or personal. They may be triggered by macro-economic factors or by factors specific to an industry, sector or individual business or person. Corporate entities may require restructuring whether or not they are insolvent; restructuring may be required as a result of a take-over, merger, revision of business strategy or change to regulatory requirements. The team has extensive insolvency and restructuring experience across a wide range of industries, including retail, hospitality and leisure, healthcare, financial services, real estate and manufacturing.
We provide clear, sound and timely advice on the full spectrum of contentious and non-contentious insolvencies and restructurings. Our global presence enables us to provide comprehensive, multijurisdictional legal advice at the times most critical to our clients.
Our team are experts in advising on all aspects of the law, including:
- Directors and other fiduciaries, including trustees, on their duties and personal exposure
- Secured creditors on possible enhancements to their security net and options in an enforcement scenario
- Appointment, recognition and removal of administrators, liquidators, receivers and provisional liquidators and their powers and duties while in office
- Instigating or challenging désastre, dégrèvement, just and equitable winding up and other jurisdiction specific insolvency procedures
- Recognition proceedings for insolvency practitioners, both into and out of our international jurisdictions
- Refinancing, rescue and restructuring
- Pre-pack sales / accelerated M&A processes
- Schemes of arrangement, amalgamation and reconstruction
- Fraud, asset tracing, recovery and constructive trust proceedings
- Related regulatory advice and obtaining requisite regulatory consents and no objection letters
Client experience
Representative Work
Adviser to Barclays Private Bank
Advising Barclays Private Bank and Trust Limited in its capacity as corporate director of certain companies in the Belgravia Group, including giving urgent advice on various winding-up and other options available in light of the insolvency of certain of the companies
Adviser to Sea Containers Ltd.
Advising Sea Containers Ltd. on the Bermudian aspects of its restructuring plan and emergence from Chapter 11 bankruptcy, specifically on the incorporation of newly formed Bermuda companies, transfer of assets to the new companies and loan and security documentation
Adviser to Walton Insurance Company
Advising on and obtaining the sanction of the Supreme Court on a solvent scheme of arrangement for Walton Insurance Company Limited, commencing insolvent winding-up proceedings and advising on the liquidation and the operation of the scheme in the context of the insolvency
