Insolvency

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, commodities, banking, and aviation 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, commodities and aviation markets including OW Bunkers, Hanjin Shipping and Arik Airlines.

Our expertise, however, is not limited to cross-border insolvency work but extends to all aspects of non-contentious and contentious domestic insolvency including applications to restrain winding up petitions, setting aside statutory demands, validation orders, applications to lift the statutory moratorium imposed in liquidations and administrations, CVAs, and the enforcement of Retention of Title Clauses.

Cross-border insolvency

Areas of work include:

Contentious and non-contentious recognition applications under the GB Cross-Border Insolvency Regulations 2006
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”
Cutting edge issues concerning insolvency set-off
Jurisdiction (including accession to 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
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
Enforceability of liens and sub-freight liens in an insolvency context