The Panel - Peter Hayden, Mourant, Richard Fisher QC, South Square, Nicholas Fox, Mourant , Justine Lau, Mourant and Abel Lyall, Mourant will outline some common restructuring situations where there is an offshore element and analyse the best options to deal with the usual issues that arise, including how to implement offshore restructuring proceedings, how to effectively tie them in with onshore proceedings and common recognition issues that arise. We'll look at each of the key offshore jurisdictions, namely BVI, Cayman, Guernsey and Jersey, and also cover matters from an English perspective.
This event will be chaired by Andrew Pepper Director and Past President, Turnaround Management Association UK.
About the speaker/s
Peter Hayden - Mourant
Peter is a Partner in the Litigation department in our Cayman Islands office. He has practised with the firm in the Cayman Islands since the beginning of 2008.
Over the last 12 years Peter has acted in many of the largest and most complex cases to be litigated in the Cayman Islands. He acts for the Algosaibi family in their on-going claims against Maan Al Sanea and his companies, successfully obtaining a US$2.5 billion judgment against Mr Al Sanea, and for the LIA in its litigation with Palladyne. Peter also acts for the liquidators of the Madoff impacted Primeo fund, in successful resolving litigation against the Trustee in New York and the Cayman Islands, the investment manager, the Herald feeder fund – where the Privy Council has found in favour of Primeo on both the creditor and shareholder distribution issues - and in the on-going litigation against the administrator and custodian. He has acted in a number of precedent setting fund liquidations (including Lancelot, Belmont and Heriot), large fraud cases (including Madoff, Dynamic Decisions, Fletcher and Alpha Re) and high profile restructurings (including Arcapita, CEVA, Eircom and Ocean Rig).
Prior to joining Mourant Ozannes, Peter worked in London as a Partner at Matthew Arnold & Baldwin (now Dentons) and before that at Allen & Overy.
Peter has extensive experience of financial services litigation and insolvency matters, and has also worked in-house at UBS and Barclays.
Abel Lyall - Mourant
Abel is head of our Guernsey Litigation and Dispute Resolution practice where he is a Partner and Advocate.
Abel's practice covers all areas of corporate and commercial disputes, with a focus on financial institutions, investment funds and trusts. Abel regularly appears before the Royal Court of Guernsey and the Guernsey Court of Appeal.
Abel specialises in insolvency and restructuring, and acts for creditors, directors, shareholders and insolvency practitioners on all aspects of contentious insolvency and asset recovery.
Justine Lau - Mourant
Justine is a Partner in our Hong Kong Litigation and Restructuring & Insolvency practice.
Justine has considerable experience advising insolvency practitioners in all forms of external administrations and restructuring matters including schemes of arrangement. She has also acted creditor-side in restructuring matters.
Before joining Mourant, Justine spent almost a decade practising in Mayer Brown’s Litigation & Dispute Resolution practice in Hong Kong, focusing on restructuring and insolvency matters with cross-border elements.
In Justine's previous roles she represented provisional liquidators and liquidators appointed in respect of Hong Kong listed companies generally, including advising in relation to applications for sanction of schemes of arrangement, disclosure and examination orders and disclaimer of onerous property. Her experience also includes acting for institutional creditors in applications seeking the appointment of provisional liquidators in Hong Kong.
Prior to relocating to Hong Kong, Justine qualified into the Dispute Resolution & Litigation practice at Maddocks in Melbourne. Her practice comprised general commercial, financial services and property disputes.
Justine is a former Co-chair of the IWIRC Hong Kong Network.
Nicholas Fox - Mourant
Nicholas is a Partner in the Cayman Islands office. He joined Mourant in 2010 and has over 10 years' experience of litigation in the Cayman Islands and BVI.
Before joining Mourant, Nicholas worked at another leading offshore law firm. Prior to that, Nicholas spent over 5 years practising at the London Bar.
Nicholas has extensive experience in fraud and asset tracing, insolvency and financial services litigation, as well as regulatory matters.
Richard Fisher QC - South Square Chambers
Richard was called to the Bar in 2000 and has a commercial dispute focused practice with a particular specialism in restructuring and insolvency, banking, fraud and financial products/derivatives litigation. He regularly acts in relation to multi-jurisdictional and complex commercial disputes, and is a member of the BVI bar.
In recent years Richard has appeared in various substantial and high-profile cases in England at all levels of tribunal up to the Supreme Court, including almost all of the disputes arising out of the Lehman Brothers insolvency. He has acted in relation to many of the major recent UK and international insolvencies and restructurings (including House of Fraser, Debenhams, Arcadia, International Bank of Azerbaijan, Noble Group, Codere SA), and has been involved in several long commercial trials in the UK and Cayman Islands (including Primeo v HSBC, and the Fortuna shareholder dispute).
Richard is regularly recommended by the legal directories in the fields of commercial chancery, insolvency and restructuring, and banking and finance. Recent comments describe him as “Always very, very sound in his judgement, he is bright, quick on his feet, and someone who has the ability to deal with judges’ questions in a very assured manner”, “bright cheerful, forthright and unflappable”, “fantastic on his feet and never one to be ruffled“, and a barrister who “is extremely thorough and doesn’t miss a thing”.
Andrew Pepper - Snowhill Capital
Turnaround Expert, Chairman, Investor, Advisor to a number of companies in the Retail, Tech, Finance, Property, Construction, Automotive, Manufacturing, Wellness, and Travel markets. Active entrepreneur who can see situations from all stakeholder perspectives. Active in Restructuring since 1989, Andrew is a former Partner in international accountancy firms. Former COO of a Special Situations Fund for 7 years. Current CEO of Family Office. Recent President of the Turnaround Management Association UK, a trade body with 8000 Global professional members. CRO or Commercial advisor to many large and medium sized businesses.