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In an article published in Global Restructuring Review (GRR), Sam and Simon discuss this first instance of a Jersey Court appointing receivers in aid of equitable execution.

The right of a creditor who is owed a liquidated debt that is not subject to a bona fide and substantial dispute to have the debtor company wound up if that debt is not paid in accordance with its terms is fundamental to the proper functioning of any modern financial system.

Companies incorporated outside England continue to use the scheme of arrangement regime contained in the UK Companies Act 2006 to restructure debts governed by English law.

Partners Angus Davison, Simon Felton and Mark Santangeli attended SFIG in Las Vegas last month, and after dozens of meetings, panels and presentations, here are the four key talking points:

The Law Society of Jersey has issued guidance commenting on wrongful trading under Jersey law given the financial difficulties caused by the coronavirus (COVID-19) pandemic.

The insolvency regime in Jersey is an interesting mix of English law and Norman customary law influences.

The Royal Court of Jersey has determined a novel point of insolvency law in relation to the vesting of claims in a désastre, Jersey's unique bankruptcy regime for personal and corporate debtors.

In the recent decision of the Royal Court in The representation of the Viscount in the matter of SPARC Group Limited [2022] JRC 194, the Court confirmed that the factors considered in the...

Jeremy Garrood, a Partner in Carey Olsen's Dispute resolution team appeared in the Royal Court of Jersey on Friday 26 January 2018 instructed by the UK Official Receiver to apply for the appointment of Jersey liquidators ...

It was announced in July that the Government of Jersey is seeking to amend the Companies (Jersey) Law 1991 (the Companies Law), to introduce a process whereby a creditor can apply to the court for an insolvent company

The Royal Court of Jersey has issued its first administration order under the Island's new corporate rescue regime, confirming the framework is now operational. This landmark development provides Jersey companies with a domestic alternative to winding up, offering directors, lenders and creditors a practical tool to preserve value and achieve better outcomes for stakeholders in financial distress situations.

We are facing an unprecedented period of adversity. The offshore financial services industry and the local communities that we serve, like the rest of the world, are not immune to the impact of the...

Ogier's newest associates Graeme Loarridge, Melanie McKernan and Richard Parrish have all been admitted to the Cayman Bar.

Article 115 of the Companies Law deals with restrictions on distributions made by a company and makes clear that the Companies Law only restricts or seeks to control distributions which reduce the net assets...

Something of a chill wind blew through the local lending community earlier this year when the Royal Court handed down its judgment in the case of Dégrèvement of the Immovable Property of Mrs Powell.

In a landmark ruling, the Grand Court of Cayman approved a third party litigation funding agreement.

There are two principal regimes for corporate insolvency in Jersey: désastre and winding-up.