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.
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Publications: 28 DECEMBER 2018
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.
Read morePublications: 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)
Read morePublications: 20 SEPTEMBER 2018
Issues for practitioners dealing with long-running insolvencies
Restructuring and Insolvency analysis: Can special administrators confirm the effectiveness of a company voluntary arrangement (CVA) notwithstanding substantial late filed claims which are prospective and contingent in nature?
Read morePublications: 24 JULY 2018
Supreme Court favours Portuguese bank resolution measures over English law governed loan
Bank resolution steps taken in Portugal under a European bank resolution directive should be recognised by the English court. Consequently the claimants were not entitled to recover, from a new “bridge bank”, a loan made under an English law governed facility agreement as the liability had to be treated as not having been transferred to the bridge bank: Guardians of New Zealand Superannuation Fund and others (Appellants) v Novo Banco SA; Goldman Sachs International v Novo Banco SA [2018] UKSC 34, 4 July 2018
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Recognition
Ranked 1st tier in the Dispute Resolution category, clients pointed to "the very complementary skill set and commercially focused team," as well as the overall internationality of the firm.
Chambers Global 2017
Allen & Overy LLP’s 11-partner team has ‘significant strength in depth’ and ‘vast experience in handling the largest and most complex restructurings in the market’. The team is ‘conversant with the latest legal developments in the restructuring arena’, and is often involved in shaping law in the field.
Legal 500, 2016