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

  • All
  • Africa
  • Asia Pacific
  • Middle East
  • North America
  • UK & Europe
  • Longmeade Limited

    Acting for the liquidators of an investment fund which was 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...

    Cayman Islands

    Value Discovery Partners

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

    British Virgin Islands

    Swap misselling claims

    Acting for administrators in reviewing and advising on the causes of action relating to high value claims that interest rate hedging instruments were mis-sold to the companies over which the administrators were appointed.

    United Kingdom

    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 against various third parties and negotiating a multiparty release of rights and obligations under sale documentation, relating to mortgage backed securities.

    United States

    Acting for the liquidators of Save Service Stations

    Robinson and Others v AIG and Others: acting for the liquidators of Save Service Stations in applying to the High Court for directions as to the correct distribution of realisations of GBP 40 million in the estate, having regard to subordination clauses in certain finance documents. Succeeding on all issues, including the correct application of the rule in Cherry v Boultbee, in the Court of Appeal.

    United Kingdom

    Administration sale of biomass heating pellets business

    Acting for the administrators of a manufacturer of wood-based cat litter, horse bedding and biomass heating pellets.

    United Kingdom

    Afren Group

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

    Central African Republic

    Aircraft repair and maintenance

    Acting for the purchaser of an aircraft repair and maintenance business in negotiating a business and asset purchase.


     

    United Kingdom
  • Afren Group

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

    Central African Republic
  • Represented the liquidators of Petroprod Ltd.

    Represented the liquidators of Petroprod Ltd., which entered into official liquidation in the Cayman Islands and compulsory liquidation in Singapore, in Singapore High Court and Court of Appeal proceedings. The claim was for the “claw-back” of more than SGD 10 million paid to the former managers of the company in a series of allegedly antecedent transactions. The Court of Appeal decision was a landmark one that decided on the arbitrability of claims in...

    Singapore

    Representing the liquidators of IMSPL Pte Ltd.

    Representing the liquidators of IMSPL Pte Ltd in the company’s application in the High Court of Singapore for sanctioning of a litigation funding agreement between the company, the liquidators and a third-party commercial litigation funder for the funding of the investigations and pursuit of the company’s claims. We are also advising the liquidators on the company’s claims, which span multiple jurisdictions and are estimated to be in the region of USD 60 million

    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 involved litigation in both these jurisdictions initiated by an opposing creditor of the company

    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

    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

    Represented a consortium of creditors in respect of issues arising from a Scheme of Arrangement

    Represented a consortium of creditors in respect of issues arising from a Scheme of Arrangement proposed by Armada Pte Ltd, and representing the consortium in successfully pushing for Armada to be placed into judicial management instead

    Singapore
  • 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

    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
  • MBI International & Partners Inc

    Mitchell and Another v Sheikh Mohamed Bin Issa Al Jaber [2025 UKSC 43]. Acting for the liquidators of MBI International & Partners in obtaining a UK Supreme Court judgment concerning the date of valuation of an asset misappropriated by a defaulting fiduciary and the burden of proof in calculating equitable compensation. The judgment follows over 9 years of work, including substantial investigations, a 19 day trial and 3 trips to the Court of Appeal. 

    British Virgin Islands

    Value Discovery Partners

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

    British Virgin Islands

    Saad Investments

    Acting for the liquidators of an investment fund which was 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...

    Cayman Islands

    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 against various third parties and negotiating a multiparty release of rights and obligations under sale documentation, relating to mortgage backed securities.

    United States

    Sturgeon Central Asia Balanced Fund

    Acting for the joint provisional liquidators of a solvent investment fund on various issues, including recognition of their foreign proceeding, their investigations following the same, and a subsequent termination application in respect of the recognition.

     

    Bermuda

    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
  • Longmeade Limited