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.
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.
By way of illustration, Ryan has appeared in the following cases in recent months (either being led as junior counsel or as sole counsel):
- Re Lehman Brothers International (Europe) (May/June 2018) – scheme of arrangement to compromise litigation relating to the £8bn surplus in LBIE’s estate, raising issues of class composition and fairness
- Re Maud [2018] EWHC 141 (Ch) – contested and long-running bankruptcy petition, raising issues relating to abuse of process, class interests and joint petitioners
- Re OJSC International Bank of Azerbaijan (No. 3) [2018] EWHC 792 (Ch) – application to lift the moratorium under the Cross Border Insolvency Regulations 2006
- Dana Gas PJSC v Dana Gas Sukuk Ltd (No. 2) [2018] EWHC 277 (Comm) – application for an anti-suit injunction to prevent proceedings in the UAE, raising a question as to whether the English courts or the UAE courts should decide various issues of UAE law
- Dana Gas PJSC v Dana Gas Sukuk Ltd (No. 1) [2018] EWHC 278 (Comm) – application to set aside a judgment made in the claimant’s absence, raising questions of public policy and contractual interpretation
- Re OJSC International Bank of Azerbaijan (No. 2) [2018] BPIR 287 – application for a permanent moratorium under the Cross Border Insolvency Regulations 2006, raising a fundamental question as to the applicability of the Gibbs rule. An appeal is listed for October 2018
- African Export-Import Bank v Shebah Exploration and Production Co Ltd [2018] 1 WLR 487 – appeal on the applicability of the Unfair Contracts Terms Act 1977 to a “no set-off clause” in a syndicated facility agreement
- Rosesilver Group Corp v Paton (No. 2) [2018] EWHC 103 (Ch) – application to set aside a judgment on the ground that it was procured by fraud
- Re OJSC International Bank of Azerbaijan (No. 1) [2018] BCC 4 – application for the recognition of an Azeri restructuring as a “foreign main proceeding” under the Cross Border Insolvency Regulations 2006
- Wentworth Sons Sub-Debt SARL v Lomas [2017] EWHC 3158 (Ch) – application by a subordinated creditor to challenge the admission of another creditor’s £555m proof in the LBIE administration
- Re Level One Residential (Jersey) Ltd [2017] WTLR 615 – trial of preliminary issues relating to the limitation period under Jersey law applicable to claims against company directors for breach of duty
- Rosesilver Group Corp v Paton (No. 1) [2017] EWCA Civ 158 – appeal against summary judgment, raising questions as to the fiduciary duties of a solicitor who acts for both of the parties to a transaction
- Thomas v Frogmore Real Estate Partners GP1 Ltd [2017] Bus LR 1117 – application to terminate the appointment of administrators on the basis of an alleged “improper motive” and a COMI challenge
- UBS AG v GLAS Trust Corp Ltd [2017] EWHC 1788 (Comm) – application to challenge the decision of a note trustee to pay noteholders’ expenses
- Re Primeo Fund [2016] (2) CILR 386 – appeal in the Cayman Islands to set aside a letter of request under sections 138 and 103 of the Cayman Companies Law
- Re Angel Group Ltd [2016] 2 BCLC 509 – application to appoint “conflict liquidators” and for the discharge of the existing office-holders
- Re Indah Kiat International Finance Co BV [2016] BCC 418 – successful opposition to a scheme of arrangement on the grounds of inadequate disclosure and notification
- Re Hibu Group Ltd [2016] EWHC 2222 (Ch) and [2016] EWHC 1921 (Ch) – members’ scheme of arrangement and concurrent creditors’ scheme
- Re Codere Finance (UK) Ltd [2015] EWHC 3778 (Ch) – application to sanction a creditors’ scheme of arrangement, raising questions of forum-shopping and “sufficient connection”
- Edgeworth Capital Luxembourg SARL v Maud [2015] EWHC 3464 (Comm) – trial of a claim to enforce a guarantee, raising questions of Spanish insolvency law and the European Insolvency Regulation
- Re China Shanshui Cement Group Ltd [2015] (2) CILR 255 – application for the appointment of provisional liquidators, raising a question as to the ability of the company’s directors to present a winding-up petition
- Centaur Litigation SPC v Terrill [2015] EWHC 3420 (Ch) – application for a freezing injunction and judicial assistance to the Cayman court under section 426 of the Insolvency Act 1986
Insolvency and Restructuring +
Banking and Finance +
Commercial Litigation and Arbitration +
Company +
Offshore +
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