概要

Mayer Brown’s Contentious Insolvency & Fraud practice handles fast-paced, complex, multi-jurisdictional disputes and asset recovery matters. Our team has delivered a coordinated and solutions-focused service to our clients across the world for more than 30 years. Our Litigation, Restructuring, Finance, and Corporate practices work together seamlessly to investigate, plan, manage, and pursue the most effective strategies for our clients.

The team has litigated in multiple jurisdictions and levels of court, resulting in leading judgments that have helped shape the insolvency litigation landscape over the years. We have a wealth of experience in managing large-scale, cross-border litigation, and we have a reputation for blending forensic skills with clear and considered strategic advice to meet our clients’ objectives.

Clients trust us to represent them in high-stakes litigation and enforcement cases, and we mobilize quickly, including by obtaining freezing injunctions and other urgent court relief to protect our clients’ interests.

We advise on risk management issues and investigate, pursue, and defend claims for and against companies in liquidation, directors, and others involved in the insolvency. We act for creditors, obligors, financial institutions, restructuring advisors, and insolvency practitioners on any issues that may arise out of financial distress or require advice and representation, whether this involves negotiating a settlement or proceeding to formal insolvency or other legal proceedings. We have substantial experience both pursuing and resisting funded claims and act as seasoned advisors to clients navigating options for litigation funding and contingency risk management.

Our practice includes the following areas:

Contentious Restructuring Plans and Schemes of Arrangement
Officeholder investigations, including pursuant to Sections 234 to 236 (UK) Insolvency Act 1986, including by non-UK officeholders under cross-border insolvency legislation
Representing liquidators and administrators on insolvency-related disputes, including clawback claims relating to transactions at an undervalue, preferences, and the dissipation of assets to defraud creditors
Defending targets in actions brought by insolvency officeholders, including directors and financial institutions
Investigating, tracing, and recovering assets, including through strategies involving the appointment of insolvency officeholders and court-appointed receivers
Intercreditor disputes and liability management exercise challenges
Corporate trust and loan agency disputes
Interpretation and enforcement of retention-of-title provisions
Enforcement of security over shares and other assets, including disputes relating to events of default
Multi-jurisdictional enforcement of judgments, arbitral awards, and other debts
Enforcing indemnities, guarantees, and letters of credit
Applications to court for directions and the blessing of "momentous" transactions
Advising on assignments of claims

Experience

We have acted on mandates advising and representing the following:

Dissenting creditors in challenging the Restructuring Plan (under Part 26A Companies Act 2006) for the Petrofac group in High Court and Court of Appeal proceedings: Saipem SPA and others v. Petrofac Limited and others [2025] EWCA Civ 821.
Capricorn Energy PLC as an opposing creditor of the Restructuring Plan for Waldorf Production UK PLC.
Liquidators of Joannou & Paraskevaides (Overseas) Limited (in liquidation), an engineering and construction company registered in Guernsey which went into insolvent liquidation with debts totaling over US$2 billion, in litigation against former directors, officers, and shareholders; we also advised on asset tracing and recovery strategy in multiple onshore and offshore jurisdictions, including on claims involving false accounting, fraud, breach of directors’ and other fiduciary duties, wrongful and fraudulent trading, unlawful distributions, knowing receipt and dishonest assistance, and unlawful means conspiracy.
Applicant creditors in an administration application relating to the invoice finance company Stenn: HSBC Innovation Bank Limited v. Stenn International Limited and Stenn Assets UK Limited [2024] EWHC 3468 (Ch).
The successful defense of former administrators in relation to a claim for breach of duty relating to the development and sale of a landmark building: Re One Blackfriars Limited [2021] EWHC 684.

A leading Indian bank on the enforcement of various guarantees provided by Essar with respect to lending for a power project in India, including on its complex cross-border enforcement strategy; successfully achieved the dismissal of an application by the lender’s guarantor to restrain the presentation by the firm’s client of a winding-up petition based on the bank's statutory demand for in excess of US$500 million: Essar Energy Limited v. ICICI Bank Limited [2022] EWHC 1549 (Ch).
Administrators of a substantial real estate business in court proceedings relating to the scope and effect of various security interests in the administration estate: Re Industrial North West LLP (in administration) [2020] EWHC 3052 (Ch).
Security trustees on the multimillion-pound enforcement of security over a prime London real estate development and its subsequent sale, including court proceedings in Jersey to bless the transaction: Re Bayswater Road (Holdings) Limited [2019] JRC 102.
Leading casinos in multi-jurisdictional litigation in connection with asset recovery enforcement actions, involving cross-border issues concerning jurisdiction, the recognition and enforcement of foreign judgments, proprietary remedies, and bankruptcy and insolvency petitions.
The liquidators of a manufacturing company on investigations into, and litigation arising out of, suspicious and potentially fraudulent transactions following a pre-packaged administration.
A leading financial institution in litigation and asset recovery actions in multiple jurisdictions regarding various disputed trade finance transactions.
The liquidator of New Cap Reinsurance Corporation on a complex cross-border application for enforcement of an Australian preference judgment, including successfully representing the liquidator before the UK Supreme Court in the seminal case Rubin v. Eurofinance SA [2013] 1 AC 236.
Liquidators of Robin Symes Limited (insolvency practitioners from BDO LLP) in antiquities-related claims involving foreign Governments: Phillips & Ors v Symes & Ors [2006] EWHC 2595 (Ch), [2008] BPIR 212, [2006] All ER (D) 170 (Oct).
Insolvency practitioners, professional advisors, and corporate clients with respect to requests for documents under Sections 234, 235, and 236 of the Insolvency Act 1986, including defending court applications brought by liquidators.
Bank of America in a US$6 billion claim for fraudulent trading brought by the liquidators of BCCI.
Various clients on cross-border issues in support of litigation and arbitration, including on multi-jurisdictional document production and on compelling witnesses to give depositions and other evidence pursuant to the Hague Evidence Convention or for Section 1782 applications.