Insolvency & Restructuring

Quadrant Chambers has a well-established reputation in the market for both cross-border and domestic insolvency work.  Our unparalled market presence in shipping, insurance and commodities gives us a unique expertise in advising on  complex legal problems arising from interaction of choice of law rules, the law of property and international trade law. 

Members of Chambers are recognised in the directories for their expertise in the field of Commercial/ Chancery.

We have acted for or represented some of the key market players in the largest recent insolvencies in the shipping and commodities markets including OW Bunkers and Hanjin Shipping.  Members of Chambers have published leading textbooks in the field and have published articles in leading journals such as International Corporate Rescue.   High profile recent cases in which Members of Chambers have appeared include the “Res Cogitans” (at all levels from the LMAA arbitration up to the Supreme Court) and “Seawolf Tankers.”

Our expertise, however, is not limited to cross-border insolvency work but extends to all aspects of non-contentious and contentious domestic insolvency.

Members of Chambers have acted on behalf of creditors (secured and unsecured), debtors, liquidators, administrators as well as other interested parties in insolvency related matters.

Members of Chambers regularly appear in the Chancery Division including the Companies Court.
 

Cross-border insolvency

Areas of work include:

  • Contentious and non-contentious recognition applications under the GB Cross-Border Insolvency Regulations 2006
  • Contentious and non-contentious applications to modify recognition orders
  • The effect of the EU Insolvency Regulation on Insolvency Proceedings 2000 on pending lawsuit and arbitrations
  • Advice on the effects and implications of potential “Comigration”
  • Jurisdiction: including questions of the jurisdiction of the English court to wind up overseas companies and complex jurisdictional issues arising from the interplay between the EU Insolvency Regulation and the Judgments Regulation
  • General advice on the potential accession to the jurisdiction of foreign insolvency regimes by clients seeking to prove in a foreign insolvencywhile pursuing the insolvent party in England (including “long arm jurisdiction” issues arising from US bankruptcies).
  • The impact of insolvency of clients and their counter-parties on rights of termination at common law and under contract (including “ipso facto” clauses)
  • The anti-deprivation rule
  • “Transnational” retention of title clauses
  • Enforceability of liens (including common law and statutory port liens over cargo and wharfingers liens)
  • Sub-freight liens

Other insolvency work

  • Injunctions restraining advertisement or presentation of petitions
  • Setting aside statutory demands
  • Asset tracing and recovery
  • Floating and fixed charges and retention of title clauses: their validity and enforceability
  • Misfeasance / professional negligence against directors and insolvency practitioners
  • Administrations
  • CVAs and IVAs
  • Receiverships
  • Liquidations
  • “Phoenix” claims
  • Validation orders
  • Invalid appointment of administrators and receivers
  • Wrongful and fraudulent trading

Members of Chambers regularly speak at seminars and conferences on the above topics and are members of the following Associations:

  • Chancery Bar Association
  • Insolvency Lawyers Association
  • Professional Negligence Bar Association

… “a top-flight go-to set” …

(The Legal 500, 2017)

“Combines an abundance of commercial acumen, strong interpersonal skills and legal knowledge”

(The Legal 500, 2014)