Cross Border Insolvency
Much large-scale insolvency work has an international or cross border element. Our barristers have considerable experience of issues arising under the EC Insolvency Regulation (including COMI), the Cross-Border Insolvency Regulations 2006 and the scope of section 426 of the Insolvency Act 1986.
We have been involved in cases arising out of the most important recent multi-jurisdictional insolvencies, including Fairfield Sentry and other Madoff litigation, Lehman Brothers, Farepak, the Icelandic banking crisis litigation (such as Kaupthing, Icesave, Landsbanki, Glitnir), MF Global, BCCI, Barlow Clowes and Enron.
These large-scale international insolvencies regularly throw up complex issues involving a wide range of legal disciplines including company law, fraud, trusts and property rights and interim applications, such as for anti-suit injunctions, to enforce arbitral awards, permission to serve out of the jurisdiction, injunctions to restrain presentation of petitions and freezing and proprietary injunctions. We are particularly well placed to provide this multi-specialism advice and representation at hearings.
We are instructed to provide insolvency advice and assistance in a range of jurisdictions, including the Caribbean, the Channel Islands, Gibraltar, Hong Kong and Singapore. A number of our barristers are called to the Bar of some of these jurisdictions.
Maitland is and for many years has been ranked in the Legal 500 and Chambers UK Bar Guide as a leading set in insolvency.