Tyr’s business restructuring and insolvency offering is led by partners Ashley Jaques and Alistair McHenry.
Ashley specialises in property-based insolvencies and receiverships, together with director advisory and transactional matters. In addition, Ashley has significant experience acting on behalf of insolvency practitioners, financial institutions, companies, directors, property agents and turnaround professionals from across the country on all aspects of corporate recovery and restructuring work.
Ashley’s recent experience includes advising:
- A financial institution on the enforceability on its security over shares, the possible impact of such enforcement and advising the appointed receiver;
- A financial institution on the enforceability of personal guarantees over various properties including borrower owned properties with occupational issues;
- Joint liquidators on conflict of law issues between English and Guernsey law;
- Receivers on the sale of 50 plus residential units and associated management company issues; and
- Negotiating security documents to secure refinance facilities offered by our financial institution clients.
Alistair has over 13 years experience in the industry and specialises in post-appointment contentious work. He leads high value complex disputes acting for office holders, litigation funders and directors in bringing and defending claims, usually under the Insolvency Act / Companies Act. He has extensive experience of antecedent, restitutionary and trust claims including misfeasance, wrongful trading, preferences, transactions defrauding creditors and breaches of fiduciary duty resulting in a return to creditors. Alistair also advises on all aspects of personal insolvency work and has advised on numerous high profile football club insolvencies.
Examples of Alistair’s recent experience includes:
- Acting for a Liquidator on various applications and restitutional claims in the liquidation of a multi-million pound turnover recruitment company including claims brought under sections 127, 212-214 and 238-239 Insolvency Act, claims in unjust enrichment and knowing receipt / constructive trust.
- Acting for a Trustee in Bankruptcy in complex multi-million pound claims under section 423 Insolvency Act to challenge legal charges placed on residential properties.
- Acting for the Administrators of Wigan Athletic Football Club and group companies.