ILA Annual Conference 2022 - 18 March 2022 Conference Brochure - Insolvency Lawyers Association
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ILA Annual Conference 2022 I am delighted to welcome you to the Insolvency Lawyers' Association Annual Conference 2022. As this will be our first "in person" event in quite a long time it will be fantastic to see as many of you as possible and to all reconnect with our ILA community. It will be held on 18 March 2022 at Freshfields Bruckhaus Deringer,100 Bishopsgate, London EC2P 2SR. We will be holding pre-conference drinks on the evening of 17 March, also at Freshfields Bruckhaus Deringer. We have a fascinating and thought-provoking programme based around the conference theme of ‘Crossroads: where politics and commercial realities collide’. We are delighted that Lucy Frazer MP will be our keynote speaker and Felicity Toube QC will be the Conference chair. We are also fortunate to have panellists from the Insolvency Service, The Law Commission, the Court of Appeal, a former judge of the Southern District of New York Bankruptcy Court, as well as experts practising in the private sector. This conference brochure includes your timetable for the day and details of our speakers. Should you have any questions regarding the conference please contact shannon.brady@freshfields.com and katharina.crinson@freshfields.com. Kindly also advise Shannon and Katharina should you have any dietary requirements by 11 March 2022. The conference this year has been a collective effort of so many people and my thanks go to each one of you. In particular, the ILA would like to thank our generous sponsor GLAS for their continued support of the ILA’s work and this conference. We would also like to thank those who have generously sponsored aspects of the conference as mentioned within. The ILA, and our sponsor GLAS, very much look forward to welcoming you to the event. Kind regards Sonya Van de Graaff Vice President
Friday 18 March 2022 08:15 – 08:55 Breakfast and AGM Introduction to the 2022 ILA Conference 08:55 – 09:00 Sonya Van de Graaff, Vice President ILA Key note speaker 09:00 – 09:15 Lucy Frazer MP Putting policy into practice 09:20 – 10:05 Lord Gavin Barwell (Avonhurst), Rob Croxen (Alvarez & Marsal), Dr. Pippa Malmgren (Avonhurst) and Dean Beale (Insolvency Service). Moderators: Sonya Van de Graaff (Avonhurst) and Joanne Rumley (Foot Anstey) The Energy Crisis: the insolvency profession’s response 10:10 – 10:55 Rory Conway (Linklaters), Inga West (Ashurst), Paul Bannister (Insolvency Service), Euan Clarke (Linklaters) and Paul Berkovi (Alvarez & Marsal) Break Directors navigating distress in the political spotlight 11:15 – 12:00 Lindsay Hingston (Freshfields), Fiona Micallef-Eynaud (Brunswick Group), Geoff Rowley and Raquel Agnello QC (Erskine Chambers) The public interest and insolvency: liquidation; disqualification; and regulation 12:05 – 12:50 Sarah Paterson (LSE) Professor Andrew Keay (University of Leeds), Dr Richard Williams (University of Cambridge), Dr John Wood (University of Central Lancashire) GLAS presentation 12:55 – 13:10 Mia Drennan, Group President, GLAS Lunch Cross-border issues in bankruptcy - foreign and UK trustees getting in immovables (here and abroad) 14:00 – 14:45 Jennifer Meech (Enterprise Chambers) and Stephen Davies QC (Enterprise Chambers) CIGA – the pandemic influence and the courts’ approach 14:50 – 15:30 Daniel Bayfield QC (South Square), Mandip Englund (Fried Frank), Ryan Perkins (South Square), Katrina Buckley (Allen & Overy) Break Hot Topics – UNCITRAL, Crypto, Aviation and Set-Off 15:45 – 16:45 Riz Mokal (SouthSquare), Matthew Kimber (Law Commission), Craig Montgomery (Freshfields), Helena White (Gatehouse) Transatlantic dreaming – points of similarity and divergence. Now 16:50 – 17:35 and the future Lord Justice Snowden (Court of Appeal) & Jim Peck (Morrison & Foerster)
CHAIR Felicity Toube QC Felicity Toube QC specialises in domestic and cross-border insolvency and restructuring, commercial litigation and civil fraud. Felicity is regularly instructed in offshore cases, in particular in the ADGM, Cayman Islands, Bermuda, and the BVI. She acts as an expert (in the laws of England and other common law jurisdictions) in international proceedings (including in the USA). Felicity has acted on all the recent major corporate insolvencies, including Gategroup, NMC, Pizza Express, Smile Telecoms, Codere, Swissport, Carluccios, Debenhams, Matalan, Saad, Madoff, Peak Hotels, Lehman, Stanford, Nortel, and MF Global. She is a mediator (ADR Group), an arbitrator (CiArb), and Co-Chair of the INSOL ADR Colloquium. Felicity’s publications include: Moss, Fletcher & Isaacs on the EU Regulation, Toube on "International Asset Tracing in Insolvency" (OUP), Halsbury’s Laws on Corporate Insolvency. Felicity is a Vice President of III, and Chair of the Appeal Panel for ICAS. She also teaches on the BCL course at Oxford University and is currently undertaking a part-time DPhil in Law at Oxford University, focussing on issues of cross-border insolvency.
KEY NOTE SPEAKER Lucy Frazer MP Lucy Frazer was elected the Conservative Member of Parliament for South East Cambridgeshire in 2015. Lucy was appointed as Parliamentary Under-Secretary of State for Justice in January 2018 before being given the post of Solicitor General from March to September 2021. Following this post, Lucy became Minister of State for Prisons and Probation for a very brief spell in September 2021 before being moved to HM Treasury, where she currently serves as Financial Secretary to the Treasury. In this role, Lucy is responsible for tax policy and customs, including border readiness. Before entering politics, she practiced as a barrister at South Square Chambers and was appointed as Queen’s Counsel in 2013.
POLICY AND PRACTICE Lord Gavin Barwell Avonhurst (Lord) Gavin Barwell is a strategic adviser to Avonhurst. He has had a long career in UK politics, most recently serving as Chief of Staff to the Prime Minister from June 2017 to July 2019 during one of the most turbulent periods in British political history. As the Prime Minister’s senior political adviser, he was intimately involved in the conduct of the Brexit negotiations; the development of key domestic policies such as the long-term plan for our NHS and the UK’s commitment to net zero carbon emissions by 2050; and in formulating the UK response to international incidents such as the attempted murder of Sergei Skripal. Prior to his appointment as Chief of Staff, he was the Member of Parliament for Croydon Central from May 2010 until June 2017 and a Government Minister from October 2013 until June 2017 (initially a Whip and then Minister of State for Housing & Planning and Minister for London). Prior to his election to Parliament, he was the Chief Operating Officer of the Conservative Party and served as a local councillor in his home town of Croydon. In October 2019, he was appointed to the House of Lords. Taken together, these roles have given him an unparalleled insight into British politics from grassroots campaigning in a marginal seat through party headquarters, local government, Parliament, Ministerial office to 10 Downing Street, as well as good contacts in a number of European governments and the EU institutions. Rob Croxen Alvarez & Marsal Rob Croxen is a Managing Director with Alvarez & Marsal’s Restructuring practice in London. He brings more than 20 years of experience in advising businesses in stressed and distressed situations. Rob has worked with clients across a range of industries, including real estate, construction, retail, casual dining, aviation, manufacturing, healthcare and distribution. Rob provides hands-on support to businesses during times of financial stress and has led a number of U.K. restructuring and insolvency matters. He identifies and analyses the options available, develops restructuring solutions and builds relationships with stakeholders to successfully deliver solutions. Rob has also worked extensively with financial investors and creditor groups to protect enterprise value and mitigate risk in distressed situations. Prior to joining A&M, Rob was a Partner at KPMG, where he led projects with organizations of all sizes, from small, owner managed businesses to large multi-jurisdictional groups. Rob’s notable assignments include: working with an owner managed business in the elderly care space to obtain funding to allow the incumbent secured lender to exit the position following which an accelerated M&A process successfully secured new equity funding, finding a solution for the board of a European distribution company facing a dispute with its major customer and freight provider to find a solvent solution, which allowed the provision of services to continue uninterrupted; advising a UK Government body on the viability of a regional airline; leading the administration and realisation of several large U.K. estate portfolios for major lenders and private equity across a variety of asset classes, including industrial, office, hotels, care homes and residential; and acting as joint supervisor on the company voluntary arrangements for House of Fraser, Beales department stores and the restaurant chains Byron Burger and Carluccios. Rob is a member of the Institute of Chartered Accountants in England and Wales and is a licensed Insolvency Practitioner.
POLICY AND PRACTICE Dr. Pippa Malmgren Avonhurst Pippa Malmgren is a Senior Advisor to Avonhurst. She served President George W. Bush in the White House as Special Assistant to the President and on The National Economic Council, serving on the President’s working group on corporate governance and financial markets. Before joining the White House, she ran the Bankers Trust Asset Management business in Asia as the Global Chief Currency Strategist and served as the Deputy Head of Global Strategy at UBS. Pippa is the best-selling author of The Infinite Leader, Geopolitics for Investors and Signals: How Everyday Signs Help Us Navigate the World’s Turbulent Economy. She serves as a judge on The Queen’s Enterprise Business Awards and was a member of the Board of Directors for The Department for International Trade in the UK from 2017-2019. Pippa has a BA from Mount Vernon College and an M.Sc. and PhD from LSE, and completed the Harvard Program on National Security. She lectures at Sandhurst and the Duke Fuqua Global Executive MBA Program and has guest lectured at the U Texas Austin and INSEAD. Dean Beale Insolvency Service Dean has worked in the insolvency field for over 20 years in a variety of roles. He has been an Official Receiver, acting as a trustee in bankruptcy and liquidator, and has undertaken many insolvency-related investigations. In addition to his public sector experience, Dean has also spent time in the private sector as a forensic accountant investigating fraud and managing commercial disputes. Prior to being Chief Executive for the Insolvency Service, Dean was Director of Strategy and Change, overseeing policy development, regulation of the insolvency sector and leading the department’s transformation programme. Sonya Van de Graff Avonhurst Sonya Van de Graaff is a partner at Avonhurst. Prior to joining, she was a partner at the London office of Morrison & Foerster for five years, advising individual and group investors on complex capital structures across a broad spectrum of cross-border and domestic restructuring and insolvency situations. Her expertise covers corporates, financial institutions and structured finance vehicles, with the additional specialism in advising replacement trustees, as well as boards of directors navigating financial distress. Sonya has been involved in a number of market-leading transactions. She brings a collaborative and commercial approach to resolving disparate interests amongst divergent stakeholders. In the years leading up to the 2008 financial crisis, Sonya was senior in-house counsel at Bear Stearns, London, focusing on a broad range of financial products including structured finance and special situations investments. Sonya has a particular interest in the work of UNCITRAL, participating in their Working Group V negotiations to develop a uniform insolvency law for the adoption of cross-border insolvency legislation internationally. Sonya is also an INSOL International Fellow and Vice President of the Insolvency Lawyers Association (UK), and active in its technical working group. Joanne Rumley Foot Anstey Joanne is a partner at Foot Anstey LLP where she is Head of Restructuring and Insolvency. She is also currently the President of the Insolvency Lawyers' Association.
POLICY AND PRACTICE Joanne is regularly found in the board room providing strategic advice to directors of businesses in financial distress focusing on opportunities for turnaround, rescue and restructure, with key recent assignments in the charitable, retail, energy and aviation sectors. She also works closely alongside distressed equity and debt investors who operate at all stages of the demise curve. Since first acting on the special administration of Pritchard Stockbrokers Limited in 2012, Joanne has developed a market leading specialism in the investment bank special administration regime advising the special administrators of six companies, including Reyker Securities Plc and Strand Capital Management Limited, on the return of significant values of client monies and custody assets, working collaboratively alongside both the FCA and FSCS. In addition to the regulated sector, Joanne has significant experience in all aspects of formal insolvency and last year acted for the administrators of the high street chain, Jessops Europe Limited, on the approval of a CVA. In addition to her roles with the ILA, Joanne is a director of TMA UK and a board member of the West of England Local Enterprise Partnership.
THE ENERGY CRISIS: THE INSOLVENCY PROFESSION’S RESPONSE Rory Conway Linklaters Rory has a broad commercial litigation practice, with a particular focus on contentious insolvency work. He has acted for the administrators of the UK Lehman Brothers estates, the MG Rover group, Petroplus, the UK Enron group and Beaufort Securities, as well as the liquidators of the Irish Bank Resolution Corporation and of the Saad group in Cayman. Rory acted for the Steinhoff group on its high-profile debt restructuring, including in respect of a court challenge to the associated company voluntary arrangement. He has also advised claimants against insolvent estates, including Deutsche Bank in the context of the Cayman liquidations of the SPhinX group of companies. Rory currently serves on the Council of the Insolvency Lawyers’ Association and was formerly a member of the editorial board of Insolvency Intelligence (Sweet & Maxwell). Rory has acted in a variety of finance and general commercial litigation and arbitration matters, as well as internal, FCA and SFO investigations for corporates and large financial institutions. He has also acted on various bribery and corruption mandates, including advising Amec Foster Wheeler in the context of its high-profile investigation by the SFO, as well as other matters involving self-reporting to the English and Scottish authorities. Inga West Ashurst Inga is a Counsel in Ashurst's restructuring and special situations team and is based in London. Inga has over 20 years' experience acting for distressed and insolvent companies and their stakeholders, and for insolvency office-holders. Inga has particular expertise in all aspects of large complex domestic and cross-border restructurings and insolvencies across many industries and sectors, including particular knowledge of comparative cross-border regimes. Inga is Chair of the Insolvency Lawyers' Association Technical Committee and is a member of the ad hoc experts' group to the Insolvency Service Policy Team. She is also a distinguished practitioner member of the Commercial Law Centre at the University of Oxford. Paul Bannister Insolvency Service Paul has been Head of Policy at the Insolvency Service since August 2018. Prior to that he headed the UK Company Law Framework team in BEIS where he was also responsible for the policy output of Companies House. His previous roles in BEIS were in the Better Regulation Executive where he played a key role in the then Government’s deregulatory agenda in programmes such as the Red Tape Challenge and the One-In, One-Out regulatory rule. Prior to that he worked in the competition law framework team where he played a key role in the merger of the then OFT and Competition Commission to become the Competition and Markets Authority. Paul also had responsibility for merger policy including operational decisions on large public interest mergers such as the Lloyds takeover of HBOS during the financial crash, and various high profile media mergers such as the acquisitions of the Independent and Evening Standard, and the attempted takeover of Sky by News Corp. Prior to these policy roles, Paul held a number of operational roles in UK Trade and Investment (now part of Department for International Trade) assisting UK companies to export to the Gulf Countries, and held a diplomatic position in the British Embassy Caracas. Euan Clarke Linklaters Euan is a specialist in insolvency and banking litigation. His practice covers contentious and advisory insolvency and restructuring, banking disputes and related investigations. Particular experience of advising banks, financial institutions, companies and insolvency practitioners in relation to contentious issues arising from complex finance transactions as well as restructuring, insolvency and corporate distress situations, especially those with a cross-border element.
THE ENERGY CRISIS: THE INSOLVENCY PROFESSION’S RESPONSE Recent and ongoing cases include advising the special administrators of Bulb Energy, the administrators of the Lehman Brothers companies, the administrators of the Intu group, as well as advising on contentious and court-based aspects of numerous restructurings, such as Caffe Nero and Steinhoff. Euan is a past President of the Insolvency Lawyers’ Association. Paul Berkovi Alvarez & Marsal Paul Berkovi is a Managing Director with Alvarez and Marsal Restructuring practice in London. He specializes in advising companies, lenders and other stakeholders on protecting value in stressed and distressed situations. With more than 15 years’ experience, Mr. Berkovi’s broad and deep skill set lets him help businesses and stakeholders quickly understand complex situations, generate options and choose strategies that will achieve best outcomes. Mr. Berkovi has worked with clients across various sectors, including energy, real estate and life sciences. He has extensive experience working with consumer businesses, including leisure, hospitality and retail, and has led some of the sector’s most high-profile restructurings. Mr. Berkovi’s recent notable assignments include delivering solutions for several UK energy retail businesses and leading a comprehensive restructure for a major UK leisure business, including securing additional finance and delivering a successful CVA. Prior to joining A&M, Mr. Berkovi was a director at KPMG, where he led projects with UK businesses of all sizes and their lenders, private equity and other stakeholders. Mr. Berkovi earned a bachelor’s degree in economics from the University of Nottingham. He is a fellow chartered accountant with the Institute of Chartered Accountants in England and Wales (ICAEW) and a licensed insolvency practitioner.
DIRECTORS NAVIGATING DISTRESS IN THE POLITICAL SPOTLIGHT Lindsay Hingston Freshfields Lindsay is a partner in the London office of Freshfields Bruckhaus Deringer LLP, specialising in restructuring and insolvency. Lindsay advises across the full spectrum of stakeholders and processes on both domestic and cross- border restructuring matters. Her experience includes acting for financial creditors, borrowers, insolvency office-holders, pension trustees and others on matters involving schemes of arrangement, company voluntary arrangements, restructuring plans, security enforcements, pre-packs and other formal insolvency appointments, intercreditor disputes, out-of-court restructurings and distressed M&A. Recent high-profile mandates including acting for Debenhams on its light touch administration and sale of assets to boohoo, and Bulb Energy on strategic options and contingency planning, culminating in its entry into the UK’s first energy supply company administration. During her time at Freshfields, Lindsay has been seconded to work as a banking associate in the Financial Restructuring Group at Houlihan Lokey. Lindsay is ranked in Chambers UK and was included in The Lawyer’s Hot 100 for 2021. She is a current member of the ILA Council. Fiona Micallef-Eynaud Brunswick Group Fiona joined Brunswick in 2008 and has over fifteen years’ experience in financial and corporate communications. She has advised clients on major corporate developments that define their reputation, including restructurings, M&A, crises, regulatory investigations, and IPOs. Fiona has advised on a number of high-profile UK restructurings, as well as restructurings in the Gulf, the Nordics and China, where stakeholders have included financial, political and regulatory, and employee interests. She began her career in the M&A team at UBS. Geoff Rowley FRP Advisory Geoff is the Group Chief Executive Officer at FRP Advisory and is a Certified Accountant and Licensed Insolvency Practitioner with 30 years’ experience including at firms RSM Robson Rhodes and PKF. Geoff is a Partner in the London Restructuring Advisory team and was joint founder of the business in 2010. Outside of management responsibilities his focus is on dealing with corporate restructuring assignments acting for a range of stakeholders including boards, lenders and investors. Recent UK and international assignments have included BHS, Force India Formula One Team, Patisserie Valerie, London Capital & Finance and most recently Koovs plc. Raquel Agnello QC Erskine Chambers Raquel is a sought-after specialist in insolvency, company and commercial litigation. Recently, she was retained to advise the company in the Clarks CVA and has been involved in other CVA cases, such as New Look, Travelodge and Arcadia. She acted for the bondholders in Johnston Press’ restructuring and for the pension scheme trustees in Cobham PLC. She is also a highly-regarded expert in the area of pensions and insolvency, in particular the ‘moral hazard’ provisions. She has led on many high profile cases on behalf of the Pensions Regulator, including on Nortel and Lehman in the Supreme Court. She frequently advises on risk in restructurings with a pensions angle. She sits regularly as a Deputy Insolvency and Companies Court Judge in the High Court.
THE PUBLIC INTEREST AND INSOLVENCY: LIQUIDATION; DISQUALIFICATION; AND REGULATION Sarah Paterson LSE Sarah Paterson is a Professor of Law at the London School of Economics and Political Science where she teaches and researches corporate insolvency and restructuring law. Before joining the LSE, Sarah was a partner in the Restructuring and Insolvency Group of Slaughter and May, with whom she retains a senior consultancy. Sarah researches and writes about all aspects of corporate insolvency and restructuring law. She co-authors the comparative US and UK corporate section of Debt Restructuring with Alan Kornberg; edits McKnight, Paterson and Zakrzewski on the Law of International Finance with Rafal Zakrzewski; and is the author of a monograph, Corporate Reorganization Law and Forces of Change, published by OUP in 2020. Sarah is a member of the Council of the Insolvency Lawyers’ Association, the technical committee of the Insolvency Lawyers’ Association, III, and the General Technical Committee of R3. Professor Andrew Keay University of Leeds Andrew Keay is Professor of Corporate and Commercial Law in the School of Law at the University of Leeds, and a barrister practising in the corporate and insolvency fields at Kings Chambers and 9 Stone Buildings, Lincoln’s Inn. Previously, and before coming to the UK, Andrew was at various times a partner, specialising in corporate and commercial work, in an Australian law firm, a Deputy Registrar of the Australian Federal Court and a Deputy Registrar in Bankruptcy, and an academic teaching at several Australian universities. Andrew has published a number of books, the most recent of which are, in the insolvency field: Corporate Governance and Insolvency (with Professor Peter Walton and Joseph Curl QC) (Edward Elgar, 2022), McPherson and Keay’s Law of Company Liquidation (5th ed, Sweet and Maxwell, 2021), Doyle, Keay and Curl: Annotated Insolvency Legislation (with Louis Doyle QC and Joseph Curl QC) (10th ed, Lexis, 2021), Insolvency Law : Corporate and Personal (with Professor Peter Walton) (5th ed, Lexis, 2020); and European Insolvency Law : Reform and Harmonization (with Professor Gerry McCormack and Dr Sarah Brown) (Edward Elgar, 2017), and many articles, a significant number of which have been cited by superior courts in various countries, including in the UK: the Supreme Court, the English and Wales Court of Appeal, the Inner House of the Scottish Court of Session, and the Privy Council. Andrew is one of the editors of both Bankruptcy and Personal Insolvency Reports and the Edward Elgar Corporate and Insolvency Law and Practice Series. He is also the Commonwealth editor of Gore-Browne on Companies, and a contributor to Tolley’s Insolvency. Dr Richard Williams University of Cambridge Richard Williams was appointed the Hogan Lovells University Lecturer in Corporate Law in August 2012 and joined Christ’s in May 2013. Before joining Christ’s, Richard was a College Lecturer at Homerton College (2006-2012). He is originally from South Wales. His research interests are in the field of corporate and insolvency law. Topics discussed in his recent publications include the regulation of corporate political donations, directors’ disqualification and the simplification of private company law across the EU. Richard lectures on company and corporate insolvency law and supervises undergraduate students in company law, the law of contract and the law of tort. Outside of his academic work he is interested in politics and many things Italian. Dr John Wood University of Central Lancashire John is a senior lecturer in law and research degree tutor at the University of Central Lancashire. He completed his PhD at the University of Leeds in 2013 before commencing his career in academia in 2014. John teaches and writes across a range of company and commercial law subjects with a particular expertise in corporate insolvency law. John's scholarship has led to articles being published in
THE PUBLIC INTEREST AND INSOLVENCY: LIQUIDATION; DISQUALIFICATION; AND REGULATION prestigious journals, including the Journal of Corporate Law Studies, Journal of Business Law, Northern Ireland Quarterly Review, and Insolvency Intelligence. He has recently completed a monograph entitled: The Interpretation and Value of Corporate Rescue, which is scheduled to be published by Edward Elgar Publishing in 2022. John is currently working on a co-edited volume entitled: Re-examining Insolvency Law and Theory in the 21st Century, which is due to be published also by Edward Elgar Publishing in 2023. From 2022 he will be a contributing editor to Mithani: Directors’ Disqualification, (Division V: Effects). In addition to his research, John has presented at domestic and international conferences, including the Insolvency Lawyers Association, INSOL International (Academic), Society of Legal Scholars and Social Legal Studies Association. He is a PhD supervisor in the fields of corporate insolvency law, corporate law, and international corporate governance.
GLAS PRESENTATION Mia Drennan Group President, GLAS Mia is the co-founder and Group President of GLAS. Mia has built a firm which is now recognised as an award-winning global leader in the independent Agency and Trustee space and considered a disruptor in the bank agency and trustee market. Mia has significant expertise in restructuring and bankruptcy and has worked on a number of high-profile cases. Mia has also been instrumental in establishing the independent Agency model across the Direct Lending Private Credit market. GLAS operates on a single, global platform with offices in London, Frankfurt, Paris, New York, New Jersey, Brisbane and Sydney. GLAS employs over 125 people and has been recognised in 2021 as one of the fastest growing companies by the Sunday Times Fastrack 200 and FT 1000 International. Mia is a seasoned banking professional with expertise working on large global restructuring cases and workouts. By background she has over twenty years’ experience in the Capital Markets with specific experience working on a variety of debt instruments. Prior to starting GLAS Mia built the EMEA Trustee and Agency business at The Bank of New York Mellon and was a pioneer in the structured finance marketplace. Mia has also held high profile positions at Citibank, Simmons & Simmons LLP and KPMG. Mia is also heavily involved in pro-bono work with IWIRC (International Women’s Insolvency and Restructuring Confederation) and has previously held a Board Seat during 2020 at European Networks Director. Outside work, Mia loves travelling, skiing and spending time on the water with her family. She has two dogs and enjoys taking them on long walks.
CROSS-BORDER ISSUES IN BANKRUPTCY - FOREIGN AND UK TRUSTEES GETTING IN IMMOVABLES (HERE AND ABROAD) Jennifer Meech Enterprise Chambers Jennifer Meech is a commercial barrister who specialises in Chancery work and in particular insolvency, company and property law. She is often instructed in cases where those areas of specialism intersect. Jennifer is ranked as a leading insolvency junior in both the Legal 500 and Chambers and Partners. She has appeared as sole counsel in a number of leading cases several of which involve cross-border issues. Since 2009 Jennifer has been a member of Enterprise Chambers. Jennifer was chair of the Insolvency Lawyers’ Association Associates’ Network for some years and is now a member of the ILA Technical Committee. Stephen Davies QC Enterprise Chambers A co-founder of the Bankruptcy & Personal Insolvency Reports and former President of the ILA, Stephen has published widely on the law and practice of insolvency. He advises and acts for various stakeholders in wide-ranging situations from cross-border disputes to the British Post Office scandal and international corporates to football clubs. He has advised in relation to many high-profile insolvencies and appeared in over 150 reported cases relating to insolvency.
CIGA – THE PANDEMIC INFLUENCE AND THE COURTS’ APPROACH Daniel Bayfield QC South Square Daniel specialises in business and finance law, with a strong emphasis on insolvency and restructuring, banking law and general commercial litigation. Since 15 September 2008, Daniel has been advising the administrators of the key UK Lehman Brothers companies, appearing for the administrators of LBIE in almost of all of the major Lehman proceedings. Daniel has particular expertise in the field of schemes of arrangements and restructuring plans and has appeared on numerous restructurings including ColourOz, Swissport, NN2 Newco, Ocean Rig, Apcoa and Magyar. He has also given expert evidence in the context of restructurings in other jurisdictions including in Premier Oil and Arctic Aviation. Daniel has also been heavily involved in other high-profile cases including: Cassini, Debenhams, International Bank of Azerbaijan, MF Global, Game Group, Rangers FC, Portsmouth FC, Woolworths, HMV, Stanford International Bank, Kaupthing, Sigma, Hellas, XL Airways, Cheyne Finance, Eurosail, Belmont, MG Rover, TXU, T&N, Enron and Cenargo. Beyond South Square’s core practice areas, Daniel also specialises in sports law. Mandip Englund Fried Frank Mandip Englund is a Restructuring and Insolvency partner resident in Fried Frank's London office. Mandip Englund advises on a wide range of cross-border distressed and insolvency matters including corporate/financial restructurings, distressed M&A and formal insolvency. Her practice has a particular focus on complex situations and she has experience advising on a number of high profile multi- jurisdictional restructurings and insolvencies across Europe, Asia and the US. Mandip advises companies, financial institutions, credit funds and other financial stakeholders, and insolvency practitioners, acting in a broad range of sectors including aviation, energy and infrastructure, retail and healthcare. She also has extensive experience in bank insolvency and recovery and resolution. Recent experience includes advising a significant creditor in relation to the Part 26A restructuring plan proposed by the Deep Ocean group, advising lessor creditors in relation to Norwegian Airlines and acting for credit funds in relation to the restructuring of a telecoms company in Eastern Europe. Ryan Perkins South Square In recent years, Ryan has been instructed in most of the major corporate insolvencies and a number of substantial commercial trials. He accepts instructions in restructuring and insolvency, banking and finance, general commercial litigation, company law and contentious trusts (both in England and abroad). Ryan is junior counsel for the administrators of Lehman Brothers International (Europe); he is junior counsel for the administrators of BHS (and was appointed as a special adviser to the inquiry carried out by the BIS Select Committee); he was instructed to put Carillion into liquidation; he has appeared in numerous schemes of arrangement (e.g. Codere for the scheme company and Indah Kiat for the successful opposing party); he has appeared in several commercial trials (e.g. Dana Gas and Africa Import-Export Bank); and he has been instructed in a number of well-known offshore cases (e.g. China Shanshui in the Cayman Islands and Level One Residential and Neal v Kelleher in Jersey). Ryan particularly enjoys technical work, and has a close familiarity with most forms of derivatives (OTC and exchange-traded), syndicated lending structures, securitisation programmes, dematerialised securities and collective investment schemes.
CIGA – THE PANDEMIC INFLUENCE AND THE COURTS’ APPROACH Ryan is a contributor to Dicey, Morris & Collins on the Conflict of Laws; Lightman & Moss, The Law of Administrators and Receivers of Companies; Moss et al., The EU Regulation on Insolvency Proceedings; and Moss et al., EU Banking and Insurance Insolvency. Katrina Buckley Allen & Overy Katrina is a Partner and the Co-Head of Allen & Overy’s Global Restructuring Group and acts for financial institutions, funds, corporates, and insolvency practitioners. Katrina has advised on some of the most significant insolvencies and restructurings in the market over the last twenty years. Recent cases include advising the administrators of Greensill Capital UK in relation to one of the most high profile insolvencies in 2021, advising the RCF lenders to soft commodity trader, E D & F Man, in relation to its 2020 restructuring through a UK scheme of arrangement and current restructuring, advising certain export credit agencies in relation to the 2020 restructuring of Nordic Aviation Capital DAC through an Irish scheme of arrangement and its current restructuring through a pre-packaged Chapter 11, advising the board of Abu Dhabi based healthcare provider NMC Health plc prior to its administration, acting for the RCF lenders to Interserve plc on its refinancing and subsequent debt for equity swap implemented via a pre-packaged administration and on-going financing arrangements, acting for the RCF lenders to Thomas Cook and acting for a private equity owned healthcare business on its restructuring. Previous transactions include TXU, Telewest, Wind Hellas, Metronet, Cortefiel, Peacocks, NCP, Stemcor, Dreams, Premier Oil, Palmer & Harvey, MF Global, Noble, Cordiant, Box Clever and the Greek sovereign debt restructuring. Katrina featured in GRR's Top 40 Diverse Women in Restructuring 2019 and was recognised as best in insolvency and restructuring at the 2017 European Women in Business awards. She has won awards for her work advising the creditors of Stemcor, the international steel trader and advising the steering committee of bondholders on the Greek sovereign debt restructuring.
HOT TOPICS – UNCITRAL, CRYPTO, AVIATION AND SET-OFF Riz Mokal South Square Riz Mokal is a barrister practising from South Square, Gray’s Inn, London, an Honorary Professor in Laws at University College London, and an Associate Member of the Centre for Commercial Law at Aberdeen University’s School of Law. His practice covers all aspects of English and cross-border insolvency, restructuring, bank resolution, company, commercial, and trust law, and general commercial litigation. From 2009 to 2013, Dr Mokal served as Senior Counsel to the World Bank and Head of the Bank’s Global Initiative on Insolvency and Creditor/Debtor Regimes. In this capacity, he worked with the governments of twenty World Bank member states to undertake policy analyses of existing laws and practices, develop new legislation, and train judges, lawyers, insolvency practitioners, central bankers, and other stakeholders. He also held the Chair of Law and Legal Theory at UCL (2008-2016) and, upon resigning the Chair to take up full-time practice, was appointed an Honorary Professor. Amongst other academic positions he has held are a visiting professorship at the University of Florence from 2015 to 2018 and a research position at Cambridge University’s Centre for Business Research from 2003 to 2007. As head of the World Bank’s delegation to the United Nations Commission on International Trade Law (‘UNCITRAL’) from 2009 to 2013 and a member of the United Kingdom delegation from 2013 to 2018, Dr Mokal was part of the group that negotiated and authored the new UNCITRAL model laws on the enforcement of insolvency-related judgments and on the cross-border insolvency of enterprise groups, as well as the revised guide to interpretation of the Model Law on Cross-Border Insolvency and the treatment in the Legislative Guide on Insolvency Law of directors’ duties in the period approaching insolvency. He was also commissioned by the International Association of Insolvency Regulators to draft the Principles for the Regulatory Regime for Insolvency Practitioners (2018). He is the author or co-author of three books and a contributor to three others on English and comparative commercial, insolvency, and restructuring laws, and the author or co-author of about 35 scholarly articles in leading law journals on financial sector regulation, corporate insolvency, bankruptcy, and restructuring, property and trusts, and legal theory. This work has influenced law reform in the UK and elsewhere. Most recently, the European Union Directive on Preventive Restructuring Frameworks (2019) incorporated a new ‘creditor best interest’ test and a new ‘relative priority rule’ advocated in Stanghellini, Mokal, Paulus, and Tirado, Best Practices in European Restructuring (2018). Dr Mokal’s work has also been cited with approval by several courts, including the House of Lords, the Australian High Court, the Courts of Appeal of England & Wales, New Zealand, Ontario, and Victoria, and the English High Court. Dr Mokal holds several university degrees including a BCL from Oxford and a doctorate in corporate insolvency law from UCL. He is one of nine UK-based Fellows of the American College of Bankruptcy, and an invited member of each of the World Bank’s Global Task Force on Insolvency Law, the International Insolvency Institute, the Bowen Island Group, the International Exchange of Experience on Insolvency Law, and several expert groups on aspects of insolvency law convened by the UNCITRAL Secretariat. In August 2020, he was named amongst the 500 leading global restructuring and insolvency lawyers by Lawdragon. Matthew Kimber Law Commission Lawyer, Law Commission of England and Wales, Commercial and Common Law Lead Lawyer on the Digital Assets Law Reform Project Previously Senior Associate in the restructuring and insolvency department at Allen & Overy LLP Craig Montgomery Freshfields
HOT TOPICS – UNCITRAL, CRYPTO, AVIATION AND SET-OFF Craig is a restructuring and insolvency partner at Freshfields Bruckhaus Deringer LLP in London. He specialises in complex matters in regulated industries or involving cross-border issues as well as R&I related disputes. At this conference, he will be focusing on the aviation industry, in which he has significant experience, having acted for the administrators of Monarch Airlines and Flybe; led on the global restructuring of Malaysia Airlines; and advised clients in relation to Thomas Cook, Norwegian Air Shuttle, Stobart Air, BMI and other sector situations. He is a fellow of INSOL International. Helena White Gatehouse Helena is an insurance and commercial practitioner, with a particular focus on construction and engineering disputes, professional negligence and property damage. Her experience includes public procurement and utilities work. Recommended for Construction in Chambers and Partners and Legal 500, Helena is known for being a robust trial advocate and providing clear and accessible advice either in writing or in conference. She is regularly instructed by a range of clients, including employers, contractors, construction professionals, insurers and insolvency practitioners to act in litigation, both in the TCC and the county courts, as well as arbitration, adjudication and mediation. Helena is a keen sportswoman and can often be found running around in Hyde Park even in the windiest and muddiest of conditions. She is an avid film fan and also sings in a choir.
TRANSATLANTIC DREAMING – POINTS OF SIMILARITY AND DIVERGENCE. NOW AND THE FUTURE Lord Justice Snowden Court of Appeal Lord Justice Snowden was called to the Bar in 1986 and was appointed a QC in 2003. He specialised in company law and corporate insolvency, appearing in many of the leading cross-border insolvency and restructuring cases such as Garuda, T&N, Lehman Brothers, Rodenstock and Apcoa. He became a High Court Judge of the Chancery Division in 2015 and was appointed as the Supervising Judge for the Business and Property Courts in the North and North East in September 2019. On the High Court bench he gave significant judgments in insolvency and scheme cases such as Davy v Money, Noble Group and Carluccio’s. More recently he sanctioned some of the first restructuring plans under the new Part 26A of the Companies Act 2006, such as Virgin Atlantic and Virgin Active. Lord Justice Snowden was promoted to the Court of Appeal with effect from 1 October 2021. He is one of the lead editors of Lightman & Moss on Administrators and Receivers of Companies, and a contributor to Bork and Van Zweiten, a Commentary on the European Insolvency Regulation. He regularly lectures and participates in conferences in the UK and abroad. Jim Peck Morrison & Foerster The Honorable James M. Peck is head of Morrison & Foerster’s Cross-Border Restructuring practice. Before joining Morrison & Foerster, former Judge Peck served as a United States Bankruptcy Judge for the Southern District of New York from 2006 to 2014. During his judicial service, former Judge Peck presided over the chapter 11 and SIPA cases of Lehman Brothers and its affiliates and a number of other major chapter 11 and chapter 15 cases. As a judge, he has written multiple legal decisions that have helped to define the impact of the safe harbors on qualified financial contracts.
ILA is grateful to GLAS, as generous headline sponsor of the ILA The ILA would also like to thank the following for their generous sponsorship of various aspects of the event.
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