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
  • 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.


    Acting for the administrators of an international distribution business and subsequently, acting on a European and UK side of the business.

    United Kingdom

    Amtek/King

    Acting for the Liberty Group in relation to their purchase of certain of the businesses and assets of two auto parts manufacturers in the UK, from PWC as administrators. Clydes advised the Liberty Group in relation to what they described as a “hugely important acquisition” for them which allows them to safeguard in excess of 550 jobs, whilst at the same time ensuring that the companies’ two largest customers, both major international car manufactures, were able to...

    United Kingdom

    Aviation recruitment business

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

    United Kingdom

    Bank new development

    Acting for an agent bank in respect of a portfolio of nursing homes funded by GBP 200 million of syndicated debt.

    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

    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.

    United Kingdom

    Private equity houses and hedge funds acquisitions

    Acting on various high value acquisitions and in resolution of disputes for both private equity houses and hedge funds.

    United Kingdom

    Administration of wholesale food distribution business

    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.

    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
  • 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

    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
  • 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

    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.

    British Virgin Islands

    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

    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 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 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...

    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

    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
  • Aircraft repair and maintenance

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


    Acting for the administrators of an international distribution business and subsequently, acting on a European and UK side of the business.

    United Kingdom

    Private equity houses and hedge funds acquisitions

    Acting on various high value acquisitions and in resolution of disputes for both private equity houses and hedge funds.

    United Kingdom

    Bank new development

    Acting for an agent bank in respect of a portfolio of nursing homes funded by GBP 200 million of syndicated debt.

    United Kingdom

    Amtek/King

    Acting for the Liberty Group in relation to their purchase of certain of the businesses and assets of two auto parts manufacturers in the UK, from PWC as administrators. Clydes advised the Liberty Group in relation to what they described as a “hugely important acquisition” for them which allows them to safeguard in excess of 550 jobs, whilst at the same time ensuring that the companies’ two largest customers, both major international car manufactures, were able to...

    United Kingdom

    Aviation recruitment business

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

    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

    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.

    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

    Cinram

    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.

    United Kingdom

    Tax avoidance claims

    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.

    United Kingdom

Our Insolvency & Reorganisation team

Andrew Foster
Andrew Foster

Partner

Duncan Lockhart
Duncan Lockhart

Partner

Keith Hutchison
Keith Hutchison

Partner

Daniel Keys
Daniel Keys

Partner

Simon McConnell
Simon McConnell

Partner & Chair of APAC

Prakash Pillai
Prakash Pillai

Partner, Clyde & Co Clasis Singapore | Director, Clasis LLC

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