Abel Lyall

Abel Lyall

'Highly capable'

Overview

I am head of our Guernsey Litigation and Dispute Resolution practice where I am a Partner and Advocate. 

My practice covers all areas of corporate and commercial disputes, with a focus on financial institutions, investment funds and trusts. I regularly appear before the Royal Court of Guernsey and the Guernsey Court of Appeal.

I specialise in insolvency and restructuring, and act for creditors, directors, shareholders and insolvency practitioners on all aspects of contentious insolvency and asset recovery.

I’ve also acted in many contentious and non-contentious schemes of arrangement, including appearing in both the Royal Court and Court of Appeal for the shareholder who successfully opposed the sanction of the Puma Brandenburg Limited scheme of arrangement in 2017, the first of its kind in Guernsey..

I advise on regulatory issues and have acted for financial institutions in a number of significant regulatory investigations and proceedings.

Professional qualifications

  • Advocate of the Royal Court of Guernsey, February 2011
  • Solicitor in England and Wales (currently non-practising)
  • Solicitor of the Supreme Court of Queensland, 2002 (currently non-practising)

Work highlights

  • Acting for the liquidators of Carlyle Capital Corporation Limited in relation to claims, exceeding US$1.4bn, brought against its directors over the collapse of the fund in 2008. Appeared as Counsel (with Jeremy Wessels) in the Royal Court of Guernsey on the six-month trial of the claims in 2016.
  • Appeared in the Royal Court of Guernsey and the Guernsey Court of Appeal as counsel for a shareholder on its successful opposition to the sanction of a scheme of arrangement by Puma Brandenburg Limited.
  • Advised and appeared as counsel on a number of non-contentious schemes of arrangement including for Japan Residential Investment Company Limited (a takeover by scheme of arrangement by Blackstone valued at £153 million); NewRiver REIT plc (redomicile via scheme of arrangement and main market listing on the London Stock Exchange valued at £750 million) and Mariana Resources Limited (takeover via scheme of arrangement by Sandstorm Gold Limited valued at £167 million).
  • Acting on behalf of the trustees of a high-profile Guernsey employer's pension scheme in relation to claims brought by members arising out of the scheme's funding deficit.
  • Appeared as Counsel for EFG Private Bank in Royal Court proceedings regarding competing claims to assets held by the bank in relation to BC Capital Group Limited and the alleged fraudulent investment scheme conducted by Nikolai Battoo.
  • Acting for Norway's largest bank, DnB, in relation to a contested administration application against Propinvest Group Limited, arising from circa £200 million owed under guarantees.
  • Acting for the administrative managers of the Global Mutual Fund PCC Limited, Worldwide Mutual Fund PCC Limited and the Universal Fund ICC Limited, who were appointed by the Guernsey regulator following allegations against the promoters of the funds.
  • Advising administrators and liquidators of a number of regulated entities including Northern Rock (Guernsey) Limited, Yorkshire Guernsey Limited, Lancelot Management Limited, FIM Long-Invest PCC Limited, Mission Real Estate Investment Fund PCC Limited, Claridges Trust Company (Guernsey) Limited, KSK Emerging India Energy Fund Limited, Letterstone Emerging Europe Fund Limited and Whitechapel Property Fund Limited.

Memberships

  • The Insolvency Lawyers' Association
  • Association of Business Recovery Professionals (R3)
  • Director and Executive Committee member of ARIES (the Channel Islands member association of INSOL International)
  • Guernsey Insolvency Law Reform committee advising on changes to Guernsey's insolvency laws

What the directories say

Legal 500 UK 2020 lists Abel as a 'next generation partner' in Dispute Resoultion. Client feedback calls him an 'industry leading litigator'.

Read more about Abel Lyall

Chambers & Partners

 

Recent publication | 4 June 2020

Black Swan has its wings clipped