Andrew Foster

Full Profile

My team are on the cutting edge of restructuring, contentious and non-contentious insolvency work, including fraud and multi-jurisdictional cases. I have extensive experience in acting for insolvency practitioners, private equity houses, banks, two major pensions schemes, asset based lenders and corporates.

I have previously served on the education and conferences committee of R3 and the investigation committee of the Insolvency Practitioners’ Association, one of the recognised professional bodies that regulate the conduct of insolvency practitioners. I am also recognised as a leading practitioner in Who's Who Legal Asset Recovery 2023, and as a thought leader in Who's Who Legal Thought leaders: GIR 2019 for Asset Recovery.

I have regularly presented to client groups on up to date legal issues, including the membership of the Insolvency Practitioners’ Association and in house to various asset based lenders.

I am a member of The Recovery and Insolvency Specialists Association (RISA). RISA’s mandate is to investigate and share best practices amongst industry practitioners in the fields of insolvency, restructuring and litigation in the Cayman Islands.

Experience

Bermuda

Sturgeon Central Asia Balanced Fund

Acting for the joint provisional liquidators of a solvent investment fund on various issues, including recognition of their foreign proceeding, their investigations following the same, and a subsequent termination application in respect of the recognition.

Cayman Islands

Saad Investments

Acting for the liquidators of an investment fund which is one of multiple defendants in a $9.2 billion fraud claim in the Grand Court in Cayman. Actions include obtaining an order from the High Court in London for recognition of the liquidation of the fund as a foreign proceeding under the Cross Border Insolvency Regulations; and following recognition, using section 236 of the Insolvency Act to obtain extensive documentation from financial institutions to assist the liquidators in the proceedings in Cayman. 

France

Administration of Speedferries Limited

Securing the release of a fast ferry from arrest in France via applications in both English and French courts, and dealing with various claims to rights of ownership over the vessel during an administration, including selling the vessel through judicial sale in the admiralty court.

Karen Millen

Acting for the trustee in bankruptcy of Karen Millen in investigating her assets and assisting in realising the same, as well as advising on the pursuit and resolution of various claims arising in the estate, including in the Court of Appeal.

telent Technology Services Limited

Acting for telent Technology Services Limited (“telent”) in respect of insolvency issues arising out of the compulsory liquidation of telent's joint venture partner, Carillion Utilities Services Limited and its ultimate parent, Carillion plc, in respect of  multi-million pound ongoing customer contracts for support and maintenance of critical national infrastructure and installation of superfast broadband, including contracts with British Telecommunications plc.

Covpress

Acting for the Liberty House Group in its acquisition of the business and certain assets of an automotive supplier, Covpress Limited, from administrators. The successful acquisition secured 740 jobs and ensured a crucial part of the manufacturing line of automobiles worldwide would continue. The acquisition saw Clydes advising on a wide spectrum of issues, including real estate and pensions.

United States

Pension schemes

Acting for two of the UK’s major pension schemes in contingency planning for the insolvency of the custodians of their cash and assets. The cases included advice on the impact of US insolvency on our clients’ rights and obligations.