Insolvency

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.

Directors' disqualification
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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.

Foreign officeholders
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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.

Officeholder claims
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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.

Statutory demands
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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.

Winding up applications
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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.

21 Aug 2025

Jardine Strategic: Privy Council rejects efforts to shut dissenters out, abolishes 138-year old privilege rule with likely impact on Cayman Islands' Torchlight exception

On 24 July 2025, the Judicial Committee of the Privy Council handed down two important decisions. Each decision concerned separate appeals and issues arising from the same matter, Jardine Strategic Ltd v Oasis Investments II Master Fund Ltd & Others,...

9 Jul 2025

Annalisa Shibli appointed to the Cayman Islands Constitutional Commission

Collas Crill Counsel Annalisa Shibli has been appointed to the Cayman Islands Constitutional Commission. Annalisa will serve on the commission alongside John Lemuel Hurlston (Chairman) and Alex Henderson KC.  The Cayman Islands Constitutional Commis...

1 May 2025

Collas Crill explains… Enforcing foreign judgments in Jersey

This guide gives a brief overview to enforcing foreign judgments in Jersey. Words in bold are defined at the end of this guide. We refer to the person or entity seeking to enforce a foreign judgment as the Creditor and the person or entity being enforced...

27 Mar 2025

Collas Crill explains … Enforcing foreign arbitral awards in Jersey

This guide looks at how you can enforce foreign arbitral awards in Jersey.  Words in bold are defined at the end of this guide. We refer to the person or entity seeking to enforce the arbitral award as the creditor and the person being enforced agai...

17 Mar 2025

Tianrui v China Shanshui: is it time for Foss v Harbottle to go?

The recent Privy Council decision of Tianrui (International) Holding Company Ltd v China Shanshui Cement Group Ltd [2024] UKPC 36 will certainly have far-reaching implications for Cayman Islands company law. In the latest decision in a long spate of liti...

18 Feb 2025

In re Holt Fund SPC: Grand Court issues guidance as to novel restructuring officer issues

Introduction  Collas Crill Cayman recently acted for the outgoing Joint Restructuring Officers (JROs) appointed over certain portfolios of Holt Fund SPC (Fund), whose appointment generated important clarification from the Grand Court of the Cayman I...

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