This article follows our previous commentary on the English High Court’s decision in May 2023 to sanction the Adler Group’s restructuring plan and the Court of Appeal’s reversal of that decision in February 2024. The recent...more
Appointment of Restructuring Officers -
In late 2023, in the case of Holt Fund SPC, the Grand Court ordered the first appointment of Restructuring Officers over particular segregated portfolios of a segregated portfolio...more
5/27/2025
/ Bankruptcy Court ,
Cayman Islands ,
Commercial Litigation ,
Corporate Governance ,
Corporate Officers ,
Corporate Restructuring ,
Creditors ,
Debtors ,
Financial Institutions ,
Insolvency ,
Investment Funds ,
Liquidation ,
Segregated Portfolio Companies
Although there are occasions when formal insolvency proceedings are unavoidable, there are many cases where a consensual, out-of-court approach is more appropriate and desirable.
We are often engaged to assist creditors,...more
We have published a series of articles dealing with directors’ duties in the zone of insolvency. In previous briefings, we have written about the high-profile UK Supreme Court ruling in Sequana and the New Zealand Supreme...more
Following the English High Court’s written reasons for sanctioning the Adler Group restructuring plan on 21 April 2023, the English Court of Appeal has overturned the High Court’s decision and sent a strong message regarding...more
2/20/2024
/ Appeals ,
Cayman Islands ,
Commercial Litigation ,
Corporate Governance ,
Corporate Restructuring ,
Creditors ,
Debt ,
Debt Restructuring ,
Dispute Resolution ,
EU ,
Liquidity ,
Shareholders
What is a scheme?
A compromise or arrangement between a company and any class or classes of its creditors (and/or shareholders). The process broadly mirrors an English scheme of arrangement thereby providing legal...more
On 21 April 2023, the English High Court handed down its written reasons for sanctioning the Adler Group restructuring plan proposed under the new Part 26A regime of the UK’s Companies Act 2006, which raised questions...more
8/4/2023
/ Cayman Islands ,
Corporate Restructuring ,
Cramdown ,
Creditors ,
Dissenters Rights ,
Insolvency ,
Jurisdiction ,
Pari Passu ,
Sanctions ,
Stakeholder Engagement ,
UK Companies Acts
On 11 November 2022, Mr Justice Kawaley ordered the first appointment of restructuring officers in Re Oriente Group Limited (FSD 231 of 2022) under the new Cayman Islands restructuring regime, with reserved written reasons to...more
1/12/2023
/ Advertising ,
Business Litigation ,
Cayman Islands ,
Companies Act ,
Corporate Officers ,
Corporate Restructuring ,
Creditors ,
Debt ,
Debtors ,
Insolvency ,
Restructuring ,
Winding Up Petitions
On 11 November 2022, Mr Justice Kawaley ordered the first appointment of restructuring officers in Re Oriente Group Limited (FSD 231 of 2022) under the new Cayman Islands restructuring regime, with reserved written reasons to...more
Cayman Islands companies have dominated the restructuring news cycle of late for a variety of reasons, including recent judicial commentary as to the effect of obtaining recognition under Chapter 15 of the U.S. Bankruptcy...more
8/29/2022
/ Bankruptcy Code ,
Bankruptcy Court ,
Cayman Islands ,
Chapter 15 ,
COMI ,
Companies Act ,
Corporate Restructuring ,
Creditors ,
Debtors ,
Hong Kong ,
Insolvency ,
United States
Conyers partner Jonathon Milne and associate Rowana-Kay Campbell in the Cayman Islands, and partner Anna Lin in Hong Kong, explain why the new Cayman restructuring regime is likely to be a welcome addition to the legislative...more
7/29/2022
/ Amended Legislation ,
Board of Directors ,
Business Litigation ,
Cayman Islands ,
Companies Act ,
Corporate Restructuring ,
Creditors ,
Debtors ,
Fiduciary Duty ,
Insolvency ,
Provisional Measures ,
Shareholders ,
UK
Later this year, amendments to Part V of the Cayman Islands Companies Act (the "Companies Act") will be introduced to commence a new restructuring officer regime available to companies in financial difficulty. Under the new...more
In the recent decision of Evergreen International Holdings Limited, delivered on 11 January 2022, the Grand Court of the Cayman Islands made an order for the immediate winding up of a company notwithstanding the company’s...more
2/24/2022
/ Amended Legislation ,
Business Litigation ,
Cayman Islands ,
Companies Act ,
Corporate Restructuring ,
Creditors ,
Debtors ,
Dismissals ,
Hong Kong ,
Provisional Measures ,
Rational Basis Test ,
Winding Up Petitions