Following the English High Court’s written reasons for sanctioning the Adler Group restructuring plan on 21 April 2023, the English Court of Appeal has overturned the High Court’s decision and sent a strong message regarding...more
2/20/2024
/ Appeals ,
Cayman Islands ,
Commercial Litigation ,
Corporate Governance ,
Corporate Restructuring ,
Creditors ,
Debt ,
Debt Restructuring ,
Dispute Resolution ,
EU ,
Liquidity ,
Shareholders
The successful appeal by dissenting shareholders in Trina Solar provides key insights into the importance of establishing a robust merger process, the company’s burden to make all relevant information available in appraisal...more
10/17/2023
/ Appeals ,
Cayman Islands ,
Companies Act ,
Conflicts of Interest ,
Corporate Restructuring ,
Dispute Resolution ,
Dissenting Opinions ,
Insolvency ,
Mergers ,
Shareholders ,
UK ,
Valuation
From 31 August 2022, members’ schemes of arrangement pursuant to section 86 of the Companies Act of the Cayman Islands are not subject to the ‘headcount test’ being met, bringing further certainty to the process.
The...more
On 21 April 2023, the English High Court handed down its written reasons for sanctioning the Adler Group restructuring plan proposed under the new Part 26A regime of the UK’s Companies Act 2006, which raised questions...more
8/4/2023
/ Cayman Islands ,
Corporate Restructuring ,
Cramdown ,
Creditors ,
Dissenters Rights ,
Insolvency ,
Jurisdiction ,
Pari Passu ,
Sanctions ,
Stakeholder Engagement ,
UK Companies Acts