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
In a very recent judgment in the wake of the Abraaj Group fallout, the Grand Court of the Cayman Islands refused to strike out a just and equitable winding up petition and, in the process, analysed the effect of a purported...more
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
On 29 November 2023, the English Court of Appeal delivered an important judgment in Churchill v Merthyr Tydfil County Borough Council et al [2023] EWCA Civ 1416 (“Churchill”) which aligns with a wider trend in embracing a...more
As directors around the world grapple with difficult and uncertain times arising from various macro-economic factors, these decisions provide useful and timely guidance on the approach that directors should take to protect...more
On 8 March 2023, the Grand Court of the Cayman Islands appointed Joint Provisional Liquidators (“JPLs”) over Atom Holdings (the “Company”), a Cayman incorporated holding company for the Atom Group, which operated a...more
These continue to be challenging times and we recognize that the need for cross-border advice on insolvency and restructuring matters may be required at short notice. Conyers’ attorneys are insolvency and restructuring...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
As the Grand Court of the Cayman Islands reopens for 2023, it is a good time to reflect on what transpired in 2022. A review of the filings made in the Grand Court throughout 2022 shows a very significant number of cases...more
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
A very warm welcome to our eighth edition of Conyers Coverage. As we start to wind down on 2022 #TeamConyers is already reflecting on what a hectic and exciting year it’s been for the Cayman Islands (re)insurance industry –...more
12/2/2022
/ AML/CFT ,
Beneficial Owner ,
Cayman Islands ,
CIMA ,
Corporate Counsel ,
Corporate Governance ,
Economic Substance Doctrine ,
Environmental Social & Governance (ESG) ,
EU ,
Insolvency ,
Insurance Industry ,
Investment ,
Mediation ,
Regulatory Agenda ,
Segregated Portfolio Companies ,
Taxation
With a marked increase in large-scale cross-border insolvency and restructuring proceedings in the Cayman Islands and elsewhere, there is a greater focus on principles of comity and co-operation between courts and...more
11/8/2022
/ Australia ,
Cayman Islands ,
Companies Act ,
Cross-Border ,
Hong Kong ,
Insolvency ,
Jurisdiction ,
New Zealand ,
Remote Hearings ,
Restructuring ,
UNCITRAL
The United Kingdom Supreme Court (the “UKSC”) recently delivered its eagerly anticipated judgment in BTI 2014 LLC v Sequana SA and others [2022 UKSC 25] (“Sequana”). The reasoning in Sequana will be highly persuasive in the...more
11/4/2022
/ Appeals ,
Breach of Duty ,
Cayman Islands ,
Directors ,
Fiduciary Duty ,
Good Faith ,
Insolvency ,
Jurisdiction ,
Shareholders ,
UK ,
UK Companies Acts ,
UK Supreme Court
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
On 24 June 2022, the Honourable Mr Justice Harris (of the High Court of Hong Kong Special Administrative Region) granted assistance to Cayman Islands appointed Joint Provisional Liquidators (the “JPLs”) of Seahawk China...more
7/29/2022
/ Business Assets ,
Business Litigation ,
Cayman Islands ,
Cross-Border ,
Hong Kong ,
Insolvency ,
Investment Funds ,
Jurisdiction ,
Liquidation ,
Shareholder Resolution ,
Shareholders
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
We are pleased to bring you the summer 2022 edition of Conyers Coverage, the Cayman Islands insurance newsletter.
The Cayman Islands insurance and reinsurance industry has had a strong start to the year and Conyers is...more
7/22/2022
/ AML/CFT ,
Anti-Money Laundering ,
Cayman Islands ,
Companies Act ,
Compliance ,
EU ,
Funding ,
Insolvency ,
Insurance Industry ,
Investment ,
Limited Liability Company (LLC) ,
New Rules ,
Pari Passu ,
Private Equity Funds ,
Regulatory Requirements ,
Reinsurance ,
Restructuring
Conyers were instructed by Silver Base Group Holdings Limited (“Silver Base”) in relation to a successful application for the appointment of “light-touch” provisional liquidators for restructuring purposes before the Grand...more