Insolvency & Restructuring
Expertise across the board – from cross-border restructuring to contentious insolvency
Our experienced team is regularly instructed to provide commercial and time-critical advice to directors, shareholders, lenders, investors, private equity sponsors, insurers and insolvency practitioners in a wide range of corporate distress situations. Our expertise covers advice ranging from directors’ and officers’ duties and liabilities to debt and security restructuring, distressed financing, and disposal of assets by insolvent companies.
We advised on the first ever Scheme of Arrangement under Guernsey law. Our experience, combined with our top-flight advocacy capability, has resulted in frequent instructions to advise and appear on behalf of various stakeholders in the largest and most complex corporate insolvencies that have come before the Royal Court of Guernsey.
- Review of security provisions and enforcement
- Advice on disposal of assets and on distributions by distressed companies
- Directors’ and officers’ duties and liabilities in a corporate distress situation
- Appearing for stakeholders including lenders, members and financial sponsors, foreign and local regulators and agents of foreign states
- Appearing for domestic and foreign insolvency practitioners
- Providing strategic advice on debt restructuring and alternative recovery structures
- Regulatory issues relevant to insolvency and administration
- Director’s disqualification proceedings
- Successfully securing before the Court of Appeal the recognition of a foreign receiver appointed by the United States Federal Court on the application of the United States Government with respect the insolvency of a USD450 million fraudulent hedge fund structure.
- Obtaining an emergency administration order and interim injunctive relief on behalf of a financial services regulator in relation to a £60 million non-compliant closed-ended investment fund and its Swiss- based investment manager.
- Advising the administrator of an insolvent cell of a regulated insurance PCC, including as to regulatory implications.
- Obtaining a very rare rescission of a compulsory winding up order in the context of multi-jurisdiction proceedings seeking to unwind a fraud perpetuated on a Guernsey company by one of its directors.
- Advising upon an administration and complex restructuring of property investment funds whose main assets where a number of commercial premises in the Baltic States.
- Acting on behalf of a foreign insolvency practitioner on claims of constructive trusteeships and complex issues of asset tracing with respect to investment funds domiciled in the Bahamas and British Virgin Islands.