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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.
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.
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.
Acting for Moorgate Industries (UK) Limited in obtaining a bankruptcy order against Pramod Mittal in what has been described as "Britain's biggest Bankrupt(cy)" and is an important and significant bankruptcy judgment.
Acting for the liquidators of Longmeade Limited, a group company in the Lehman Brothers estate. We recently made an application to court for directions on the conduct of a prospective claim in negligence against the Official Receiver and the Department of Business, Innovation and Skills. The consequent judgement of Snowden J was the first time that the English courts have examined the effect of the recent changes to the Insolvency Act, which removed the requirement for liquidators to obtain...
Successfully reducing the costs liability of Griffins in response to an application for a non-party costs order under section 51 of the Senior Courts Act 1981 by limiting such costs exposure to a cap equivalent to the amount it provided in funding, namely the Arkin cap. In doing so, Zacaroli J distinguished the above case from the decision of Snowden J in Davey v Money, where the Arkin cap was dis-applied.
Acting for telent Technology Services Limited (“telent”) in respect of insolvency issues arising out of the compulsory liquidation of telent's joint venture partner, Carillion Utilities Services Limited and its ultimate parent, Carillion plc, in respect of multi-million pound ongoing customer contracts for support and maintenance of critical national infrastructure and installation of superfast broadband, including contracts with British Telecommunications plc.
Cartel activity claims: reviewing claims arising from European Commission decisions on cartel activity and advising the liquidators of two companies in relation to the same
Acting for the Liberty House Group in their purchase of 10 businesses, 3 closed businesses, shares in some companies and 24 properties as one of its acquisitions of the Caparo steel group from administrators. Clydes advised Liberty on this complex and challenging acquisition utilising numerous specialisms from across the firm. The acquisition was described as "great news for the Midlands and the key manufacturing sites, particularly with so many skilled staff in these industries...
Acting for the Liberty House Group in its acquisition of the business and certain assets of an automotive supplier, Covpress Limited, from administrators. The successful acquisition secured 740 jobs and ensured a crucial part of the manufacturing line of automobiles worldwide would continue. The acquisition saw Clydes advising on a wide spectrum of issues, including real estate and pensions.
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 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 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.
Acting for Moorgate Industries (UK) Limited in obtaining a bankruptcy order against Pramod Mittal in what has been described as "Britain's biggest Bankrupt(cy)" and is an important and significant bankruptcy judgment.
Acting for the liquidators of Longmeade Limited, a group company in the Lehman Brothers estate. We recently made an application to court for directions on the conduct of a prospective claim in negligence against the Official Receiver and the Department of Business, Innovation and Skills. The consequent judgement of Snowden J was the first time that the English courts have examined the effect of the recent changes to the Insolvency Act, which removed the requirement for liquidators to obtain...
Successfully reducing the costs liability of Griffins in response to an application for a non-party costs order under section 51 of the Senior Courts Act 1981 by limiting such costs exposure to a cap equivalent to the amount it provided in funding, namely the Arkin cap. In doing so, Zacaroli J distinguished the above case from the decision of Snowden J in Davey v Money, where the Arkin cap was dis-applied.
Acting for telent Technology Services Limited (“telent”) in respect of insolvency issues arising out of the compulsory liquidation of telent's joint venture partner, Carillion Utilities Services Limited and its ultimate parent, Carillion plc, in respect of multi-million pound ongoing customer contracts for support and maintenance of critical national infrastructure and installation of superfast broadband, including contracts with British Telecommunications plc.
Cartel activity claims: reviewing claims arising from European Commission decisions on cartel activity and advising the liquidators of two companies in relation to the same
Acting for the Liberty House Group in their purchase of 10 businesses, 3 closed businesses, shares in some companies and 24 properties as one of its acquisitions of the Caparo steel group from administrators. Clydes advised Liberty on this complex and challenging acquisition utilising numerous specialisms from across the firm. The acquisition was described as "great news for the Midlands and the key manufacturing sites, particularly with so many skilled staff in these industries...
Acting for the Liberty House Group in its acquisition of the business and certain assets of an automotive supplier, Covpress Limited, from administrators. The successful acquisition secured 740 jobs and ensured a crucial part of the manufacturing line of automobiles worldwide would continue. The acquisition saw Clydes advising on a wide spectrum of issues, including real estate and pensions.
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.
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合伙人兼亚太区董事会主席
Partner, Clyde & Co Clasis Singapore | Managing Director, Clasis LLC
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