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Clyde & Co offre des conseils commerciaux rapides, sensibles à ses clients qui sont mêlés à des cas d’insolvabilité et de restructuration, que ce soit à titre de créancier ou de débiteur, dans tous les territoires de compétence.
Nous représentons des clients de toutes les tailles, quel que soit leur rôle dans une situation d’insolvabilité ou de restructuration. Nous maîtrisons la réglementation nationale et internationale et naviguons avec expertise dans des cas complexes touchant plusieurs territoires.
Notre priorité est toujours de comprendre intimement les circonstances et les objectifs des clients. Nous pouvons ainsi leur offrir des conseils et du soutien sur mesure tout au long du processus.
Nous avons une longue expérience des affaires litigieuses et non litigieuses, y compris les restructurations consensuelles. Nous agissons au nom de sociétés, séquestres, syndics autorisés en insolvabilité, administrateurs, financiers et administrateurs de régime de retraite. Pour veiller à ce que nos recommandations soient pragmatiques et pertinentes, nous nous appuyons sur nos connaissances approfondies du domaine.
Très conscients des changements dans le paysage des risques, nous faisons appel à notre expertise pour aider les clients à réagir aux difficultés et aux occasions à mesure qu’elles se présentent. Pour ce faire, nous pouvons aussi conseiller l’avocat général d’une organisation pour qu’il puisse assumer plus de responsabilités en matière d’évaluation des risques, de gestion des situations de crise et de direction éthique.
Nous savons que les litiges sont difficiles pour les sociétés insolvables et en difficulté. Lorsque leur entreprise fait l’objet d’une liquidation ou est soumise à d’autres procédures d’insolvabilité, nous pouvons également orienter nos clients dans le financement des réclamations en cas de litige.
Nous fournissons aussi des orientations sur les effets potentiels de nouveautés commerciales plus vastes, par exemple l’accélération rapide du recours aux technologies associées aux chaînes de blocs, aux contrats intelligents et à l’intelligence artificielle.
Acting for the administrators of a GBP 40 million turnover wholesale food distribution business to effect a pre-packaged sale of the company’s business and assets, ensuring a recovery for the receivables financiers on the sums advanced. This included advising on the realisation of the company’s debtor ledger.
Acting for Moorgate in successfully applying to revoke Mr Mittal’s IVA that had been approved at a meeting of creditors on the basis of a material irregularity pursuant to section 262 IA86. In doing so, successfully striking out associated creditor claims of approximately £2 billion.
Acting for the joint administrators in the trading administration and sales of a European distribution business. The UK sale alone preserved the business and employment for around 200 employees and temporary staff and was critical to the continuation of supply.
Credential has already been added, please update with this text at the end: We have subsequently acted for numerous administrators of credit unions.
Acting for a peer-to-peer lending platform in actions against guarantors, obtaining judgment and advising on enforcement options.
Acting for the liquidator of a BVI company and successfully obtaining costs orders against four respondents to an application under section 236 Insolvency Act on the basis that the respondents would not have co-operated with the liquidator’s enquiries without a court order for private examination.
Obtaining a leading judgment from the Court of Appeal concerning the appropriate use of unless orders and the ability to obtain default judgment in fraud cases.
Acting for liquidators of a number of insolvent estates in pursuing various tax avoidance claims under the Insolvency Act 1986 and Companies Act 2006 against the companies’ former directors principally for breach of duty and unlawful distribution in respect of Employee Benefit Trusts and other similar benefit trusts.
Acting for Leon Restaurants on the successful implementation of a CVA. Numerous retail and casual dining CVAs. Acting for various key stakeholders including debtor companies, landlords, shareholders and investors on a number of CVAs or other consensual restructurings of debt in the retail and casual dining sectors.
Advising British Airways Plc ("BA") on all insolvency related issues arising out of BA's purchase from KPMG, as the administrators of Monarch Airlines Limited (in administration) ("Monarch"), of Monarch's entire portfolio of take-off and landing slots at London Gatwick airport
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
Acting for the liquidator of a BVI company and successfully obtaining costs orders against four respondents to an application under section 236 Insolvency Act on the basis that the respondents would not have co-operated with the liquidator’s enquiries without a court order for private examination.
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.
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 Serbia on the sale of a portfolio of significant assets of the partnership
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 Border Insolvency Regulations; and following recognition, using section 236 of the Insolvency Act to obtain extensive documentation from financial institutions to assist the liquidators in the...
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
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
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
Acted in the judicial management of Econ Piling Pte Ltd, which was a landmark judicial management case in Singapore at the time
Successfully defended the receiver and manager in an insolvency case alleging breach of equitable duty of care when exercising the power of sale
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
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...
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
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.
Successfully representing an invoice financier on issues relating to the enforceability of a personal guarantee in the Court of Appeal.
Acting for the joint administrators in the trading administration and sales of a European distribution business. The UK sale alone preserved the business and employment for around 200 employees and temporary staff and was critical to the continuation of supply.
Acting for liquidators of a number of insolvent estates in pursuing various tax avoidance claims under the Insolvency Act 1986 and Companies Act 2006 against the companies’ former directors principally for breach of duty and unlawful distribution in respect of Employee Benefit Trusts and other similar benefit trusts.
Acting for a peer-to-peer lending platform in actions against guarantors, obtaining judgment and advising on enforcement options.
Credential has already been added, please update with this text at the end: We have subsequently acted for numerous administrators of credit unions.
Obtaining a leading judgment from the Court of Appeal concerning the appropriate use of unless orders and the ability to obtain default judgment in fraud cases.
Acting for Moorgate in successfully applying to revoke Mr Mittal’s IVA that had been approved at a meeting of creditors on the basis of a material irregularity pursuant to section 262 IA86. In doing so, successfully striking out associated creditor claims of approximately £2 billion.
Acting for the administrators of a GBP 40 million turnover wholesale food distribution business to effect a pre-packaged sale of the company’s business and assets, ensuring a recovery for the receivables financiers on the sums advanced. This included advising on the realisation of the company’s debtor ledger.
Acting for Leon Restaurants on the successful implementation of a CVA. Numerous retail and casual dining CVAs. Acting for various key stakeholders including debtor companies, landlords, shareholders and investors on a number of CVAs or other consensual restructurings of debt in the retail and casual dining sectors.
Advising British Airways Plc ("BA") on all insolvency related issues arising out of BA's purchase from KPMG, as the administrators of Monarch Airlines Limited (in administration) ("Monarch"), of Monarch's entire portfolio of take-off and landing slots at London Gatwick airport
Acting for the trustee in bankruptcy of Karen Millen in investigating her assets and assisting in realising the same, as well as advising on the pursuit and resolution of various claims arising in the estate, including in the Court of Appeal.
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