For financially distressed companies in need of restructuring and reorganisation, or for those where the opportunity to do so has passed or failed, we work to achieve the most beneficial outcome in these difficult situations.
At whatever stage we are engaged, our involvement will assist in identifying the ongoing risks facing a client and to enable that client to continue to identify and effectively manage deteriorating relationships with creditors, financiers, investors or other interested parties.
For directors facing the risk of disqualification in the context of insolvency, we provide clear, strategic advice to manage exposure and regulatory scrutiny. Whether disqualification proceedings are anticipated or already underway, our involvement supports clients in understanding their position, engaging with authorities and pursuing the most favourable resolution.
We advise officeholders of overseas companies with assets or operations in our offshore jurisdictions on seeking recognition locally. For offshore companies with foreign operations or assets, we advise officeholders in our offshore jurisdictions on applications to issue letters of request for assistance from foreign courts and for recognition in foreign jurisdictions.
Acting in complex cross-border matters, we help navigate foreign legal systems to protect and recover value. Our experience ensures continued stakeholder confidence and compliance with local obligations, while aligning with the broader restructuring or insolvency strategy.
When acting alongside insolvency officeholders, we pursue claims that maximise recoveries for creditors. Our work supports efforts to investigate, assess and, where appropriate, litigate claims against directors, third parties or others connected with the company.
Whether addressing preferences, transactions at an undervalue or transactions defrauding creditors, misfeasance, wrongful trading or fraudulent trading, unlawful distributions or other breaches of duty, our involvement aims to protect the interests of stakeholders and secure the best possible return in complex, high-stakes scenarios.
As part of our debt recovery and insolvency services, we assist clients in issuing or responding to statutory demands. Whether enforcing payment or defending against genuinely disputed claims, our involvement helps clarify the legal and financial risks, enabling clients to make informed decisions.
We support effective creditor engagement and help manage escalating disputes, preserving options for resolution or further action.
When debt recovery and demands are ineffective, we assist in preparing and lodging creditors' winding-up applications to achieve an orderly conclusion. We have strong relationships with insolvency practitioners in our offshore jurisdictions and beyond.
We also assist shareholders and directors of companies facing cashflow difficulties. Through early engagement with our network of insolvency professionals, we help to find solutions to minimise risks and maximise returns.
Our approach ensures that the process is conducted efficiently and with minimal disruption, helping clients navigate the legal and commercial risks involved. By intervening early, we support clients in managing stakeholder relationships and fulfilling their obligations with clarity and confidence.
Collas Crill Caribbean and Bermudian Brief – key offshore updates in one place Welcome to the Collas Crill Caribbean and Bermudian Brief – a concise round-up of significant recent decisions and legal developments affecting offshore and cross-border litig...
Court: United Kingdom Supreme Court (on appeal from [2024] EWCA Civ 423)Subject: Fiduciary Duties, companies in liquidation, equitable compensation Judges: Lord Hodge, Lord Briggs, Lord Sales, Lord Stephens, Lord Richards Summary This decision of th...
Raiffeisen Bank International AG v Scully Royalty Ltd & Oths [2025] CIGC (FSD) 97
Court: Grand Court (Cayman Islands)Subject: Policing of world-wide freezing orders, asset disclosure, ex parte on short notice, s.37 English Senior Courts Act 1981, s.11 Grand Court Act (2015 Revision), practical utility, proportionality, disclosure of a...
Introduction The Cayman Islands Court of Appeal (CICA) has recently handed down its decision[1] following the jointly heard appeals in Re HQP Corporation Limited (in Official Liquidation)[2] (HQP) and in Re Direct Lending Income Feeder Fund Ltd. (in Offi...
Court: Court of Appeal (Cayman Islands)Subject: Whether misrepresentation claims by shareholders are barred from proof in liquidation (Houldsworth rule); whether such claims, if provable, rank pari passu with or subordinate to other creditors; whether co...
Re ATP Life Science Ventures LP [2025] CIGC (FSD) 106
Court: Grand Court (Cayman Islands)Subject: Exempted limited partnership, winding up on just and equitable basis, application of CWR O.3, r.12(1)(a) or (b) to winding up of exempted limited partnership (ELP), whether court can order petition to proceed a...
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