Insolvency and Restructuring

Our Insolvency team is led by Jamie Leader. We regularly advise insolvency practitioners, lenders, borrowers, secured and unsecured creditors and directors of insolvent or distressed entities on all contentious aspects of insolvencies and corporate restructurings.

We have particular experience in:

  • Acting for creditors in opposing restructurings
  • Cross-border insolvency and restructuring
  • Advising directors on their risks and liabilities
  • Bringing and defending substantial claims by office-holders, often involving fraud; and complex multi-jurisdictional asset recovery
  • Advising insolvency office-holders in relation to technically-challenging insolvencies, particularly in regulated sectors

Our conflict-free status means that we are capable of taking positions against all of the major financial institutions in all types of complex lender or borrower disputes.

Representative cases:
  • Acting for the administrator of Greensill Bank AG in relation to the recognition of the German insolvency proceedings in the UK, under the Cross Border Insolvency Regulations 2006, and disputes with Greensill Capital UK Ltd (in administration) in relation to proprietary claims over funds held by GCUK.
  • Representing a bank creditor in opposing a scheme of arrangement (Re DTEK Energy BV).
  • Acting for Formula One driver Sergio Perez on the contested appointment of administrators to an F1 racing team (Re Force India Formula One Team Limited) and advising the administrators on the subsequent administration.
  • Acting for a large landlord in issuing, and subsequently settling, a challenge to a CVA proposed by a high-street retailer during the Covid-19 pandemic.
  • Representing the administrators of a failed FinTech “unicorn” on investigations and possible claims arising from its collapse.
  • Acting for a bank creditor in a challenge to the practices of the UK’s largest bulk provider of individual voluntary arrangements – successfully establishing that those practices were improper and leading to the reprimand and sanction of the relevant insolvency practitioner (Royal Bank of Scotland PLC -v- Munikwa).
  • Giving expert evidence of English law in Italian insolvency proceedings (in relation to antecedent transaction avoidance).
  • Advising the victim of a significant fraud on devising and implementing an insolvency-based strategy for the investigation of the fraud and the pursuit of international asset-recovery actions.
  • Representing a hedge fund creditor in successfully opposing an application by liquidators for court approval of a global compromise of claims held by the relevant company, and achieving the replacement of the relevant officeholders so as to preserve the possibility of a return on the claims.
Dec 4, 2023
Canada Square Operations Ltd v Potter –  Supreme Court provides clarity on limitation periods in fraud context  
Introduction Section 32 of the Limitation Act 1980 provides for the postponement of the limitation period in cases of fraud,...
Nov 29, 2023
Oliver Rule joins Enyo Law from Allen & Overy
We are delighted to welcome Oliver Rule, who joins the firm as a partner. Oliver has almost two decades of...
Nov 22, 2023
The wide remit of a section 423 Insolvency Act claim
It is well known that courts are extremely reluctant to “pierce the corporate veil” and disregard the fundamental principle of...
Nov 15, 2023
High Court reiterates need to prove reliance on implied misrepresentations
The High Court has dismissed claims against Credit Suisse relating to its sale of a collateralised debt obligation (“CDO”) “as...