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Insolvency & Reorganisation

Clyde & Co provides timely, sensitive and commercially focused advice when clients are involved in insolvencies and restructurings, either as creditor or debtor, and regardless of jurisdiction.

Support at every stage of the insolvency process.

We act for clients of all sizes, whatever their involvement in an insolvency or restructuring situation. We have experience of national and international regulation and are adept at navigating through complex cross-jurisdiction scenarios.

Our priority is always to develop a close understanding of the client’s circumstances and objectives. This enables us to provide tailored advice and support throughout the process.

We have extensive experience of contentious and non-contentious cases, including consensual restructurings. We act for companies, liquidators, trustees, administrators, financiers and pension schemes, always using our deep sectoral knowledge to ensure our advice is pragmatic and relevant.

We are acutely aware of changes in the risk landscape and use our expertise to help clients respond to challenges and opportunities as they arise. This could include supporting an organisation’s general counsel in taking on more responsibility for risk assessment, crisis management and ethical leadership.

We understand that litigation poses a difficult challenge for insolvent and distressed companies. We can guide clients through litigation funding for claims if the company is in liquidation or under any other insolvency proceeding.

We also provide guidance on the potential impact of wider commercial developments, such as the rapidly accelerating technologies that are associated with blockchain, smart contracts and artificial intelligence.

Our Insolvency & Reorganisation Work

  • Africa
  • Americas
  • Asia Pacific
  • Middle East
  • UK & Europe
  • Afren Group

    Acting for a major African Bank which is a key secured lender to the Afren oil exploration group of companies. Actions have included negotiating key documentation in relation to the restructuring of the Afren Group

    Central African Republic
  • Sturgeon Central Asia Balanced Fund

    Acting for the joint provisional liquidators of a Bermudian investment fund which had been wound up (in Bermuda) on a just and equitable basis due to a dispute between its participating shareholders and the board.

    In the first case of it’s kind in England, we successfully applied for an...

    Bermuda

    Value Discovery Partners

    Acting for the dissolution trustees of a BVI limited partnership on certain issues in the solvent liquidation of the same. Actions include dealing with and defending the estate, as appropriate, in relation to claims made by former professional advisors; and also acting for certain warrantors in...

    British Virgin Islands

    Saad Investments

    Acting for the liquidators of an investment fund which is one of multiple defendants in a $9.2 billion fraud claim in the Grand Court in Cayman. Actions include obtaining an order from the High Court in London for recognition of the liquidation of the fund as a foreign proceeding under the Cross...

    Cayman Islands

    Pension schemes

    Acting for two of the UK’s major pension schemes in contingency planning for the insolvency of the custodians of their cash and assets. The cases included advice on the impact of US insolvency on our clients’ rights and obligations

    United States

    Lehman Brothers

    Acting for the liquidators of various estates in the Lehman Group. Actions have included reviewing the terms of a US plan of reorganisation in respect of various estates and advising on its impact on distributions to a UK estate; considering and advising on claims on behalf of a UK estate...

    United States
  • A receiver and manager

    Successfully defended the receiver and manager in an insolvency case alleging breach of equitable duty of care when exercising the power of sale

    Singapore

    Econ Piling Pte Ltd

    Acted in the judicial management of Econ Piling Pte Ltd, which was a landmark judicial management case in Singapore at the time

    Singapore

    Garuda Airlines

    Representing Garuda Airlines in its application in the High Court under the Singapore Companies Act for sanction of a scheme of arrangement, involving a scheme debt of more than USD 350 million. The scheme of arrangement was sanctioned in parallel by both the English and Singapore courts, and...

    Singapore
  • Enforceability of a personal guarantee

    Successfully representing an invoice financier on issues relating to the enforceability of a personal guarantee in the Court of Appeal.

    United Arab Emirates

    Administration of a logistics company

    Acting for the administrators of City Trucks Limited, a major road haulage and logistics business, dealing with various trading issues and the realisation of the company's debtor ledger.

    United Arab Emirates
  • Administration of Speedferries Limited

    Securing the release of a fast ferry from arrest in France via applications in both English and French courts, and dealing with various claims to rights of ownership over the vessel during an administration, including selling the vessel through judicial sale in the admiralty court.

    France

    T Bank

    Acting for the liquidator of T Bank, the first Greek bank to enter special liquidation

    Greece

    English capital raising SPVs

    Acted for the liquidators of English capital raising SPVs, as part of the Cypriot banking crisis

    Greece

    Acting for a credit insurer of major financial institutions

    Acting for a credit insurer of major financial institutions in respect of its claims in one of Europe's largest ever restructurings.

    Spain

    Administration of an aviation recruitment business

    Acting for the administrators of a GBP 70 million turnover aviation recruitment business to effect a pre-packaged sale of the business and assets. Ensuring a full recovery for the receivables financiers of the amounts advanced.

    United Kingdom

    Bridging finance company

    Acting for the administrators of a prominent bridging finance company on a Court application for an administration order, the immediate sale of the business and assets, and a debt for equity swap

    United Kingdom

    Derby United Credit Union

    Acting for the administrators of the Derby United Credit Union. The administration is one of the first of a credit union following changes to the relevant legislation in 2014

    United Kingdom

    Financing Company

    Acting for the administrators of a prominent bridging finance company on a Court application for an administration order, the immediate sale of the business and assets, and a debt for equity swap

    United Kingdom

    Aviation recruitment business

    Acting for the administrators of a GBP 70 million turnover aviation recruitment business in effecting a prepackaged sale of the business and assets

    United Kingdom

    Sub-prime lender

    Assisting the administrators of a sub-prime lender on a major fraud investigation, including obtaining worldwide freezing injunctions and utilising statutory powers to obtain key oral and documentary evidence

    United Kingdom

Our Insolvency & Reorganisation team

Peter Coles

Partner & Head of Aviation of APAC

Keith Hutchison

Partner

Lee Keane

Partner

Robert Parson

Partner

David Wyatt

Partner

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