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Sub practice
Sub practice

Restructuring and Insolvency Litigation

Our international Restructuring and Insolvency Litigation group specialises in complex, multi-jurisdictional insolvencies involving competing creditor claims from diverse groups.

We act for clients from all parts of the capital structure and our advice spans all aspects of contentious insolvency work, including, the retention of title claims, enforcing security, representing officeholders in numerous and diverse applications for directions, risk assessing restructuring proposals and defending corporate restructuring and reorganisations.

Our team is able to seamlessly combine both the contentious and non-contentious elements involved in complex restructurings, both contentious and non-contentious. We work closely with our top-ranking restructuring and insolvency group and other practice areas such as corporate, employment, pensions, tax, environmental, regulatory and capital markets.

News & insights

Publications: 03 APRIL 2020

Covid-19 coronavirus: Impending changes to Czech insolvency law

The Czech government has submitted to the Parliament a proposal for temporary changes to Czech insolvency law aiming to mitigate the impact of the measures adopted in combating the coronavirus SARS CoV-2 epidemic (the Covid Bill).

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Publications: 17 DECEMBER 2019

Legal advice privilege upheld for dissolved companies

The Court of Appeal has confirmed that documents protected by legal advice privilege remain so protected even upon the dissolution of the company to whom the privilege belongs. Once attached, legal advice privilege exists unless overridden by statute or waived. In addition, the court found that legal professionals have a duty to assert privilege over their former client’s documents and are entitled to resist disclosure of such documents, even if not instructed to do so: Lee Victor Addlesee v Dentons Europe LLP [2019] EWHC Civ 1600

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Publications: 28 DECEMBER 2018

Singapore Court Sets Out Approach to Applications for an Intended Scheme by Several Companies in the Same Group

Re IM Skaugen SE [2018] SGHC 259 (27 November 2018) is an important first decision on the moratorium provisions of the new scheme of arrangement sections of the Companies Act. The High Court had a practical commercial approach to considering individual applications by related companies seeking to develop a group restructuring plan. It also made clear that even if no compromise had been put to creditors for their support, the company still had to show creditor support for the moratorium.

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Publications: 28 NOVEMBER 2018

Mere risk of exposure to sanctions insufficient for underwriters to avoid liability

Underwriters could not rely on a sanction limitation and exclusion clause in an insurance policy, which referred to insurers’ “exposure” to sanctions, to avoid liability for a claim simply because there was a risk that the Office of Foreign Assets Control (OFAC), the U.S. sanctions regulator, might conclude the payment was prohibited and potentially impose a sanction.  “Exposure” to sanctions means that any payment under the claim must be prohibited by law. The case also provides obiter comments on the clash between recently re-imposed U.S. sanctions in relation to Iran and the EU “Blocking” Regulation: Mamancochet Mining Ltd v Defendants Managing Agency Ltd [2018] EWHC 2643 (Comm)

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Wooden jenga blocks scattered across a table

A brief look at topical issues in contract law

A blog where experts from Allen & Overy analyse the latest contract law themes and developments, and what they mean for your business.


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