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Ian De Witt

Ian De Witt

Partner

Head of Insolvency and Restructuring

Practice Areas:
Litigation and Dispute Resolution, Insolvency and Restructuring, Leisure, Travel and Aviation

Jurisdictions:
England and Wales (1989) (non-practising), Hong Kong (1996), Tasmania (1996), Ireland (1998), Queensland (1998), New South Wales (1998), Northern Ireland (2000)

Experience

Ian De Witt was born in Wales and obtained an honours degree in law in London. After qualifying as a solicitor in England and Wales in 1989, he joined and became a partner in a prominent London law firm where he worked for many years before coming to Hong Kong in 1996.

Throughout his career, Ian has focused on commercial litigation and insolvency matters, including debt recovery, asset tracing and the enforcement of judgments, pre-emptive actions such as injunctions, court appointed receivers, and the appointment of provisional liquidators. He acts and advises in a variety of insolvency cases, acting for liquidators, receivers, creditors and directors.

Ian has also advised and acted for directors, employees and companies in respect of investigations, regulatory matters and prosecutions carried out by the Police, the Independent Commission Against Corruption ("ICAC"), the Commercial Crime Bureau ("CCB"), the Securities and Futures Commission ("SFC") and the Confederation of Insurance Brokers ("CIB") Disciplinary Tribunal.

Additionally he has advised and acted in a wide range of commercial and contractual disputes, professional negligence claims, partnership and shareholder disputes.

Ian is the retained counsel in Hong Kong for IATA (the International Air Transport Association) which groups together almost 270 airlines, and he has been involved in advising on a variety of regulatory and litigation matters.

Ian is also an accredited mediator of the Hong Kong International Arbitration Centre and he sits on the Insolvency Committee for the Law Society, technical and editorial committee of the Restructuring and Insolvency Faculty of Hong Kong Institute of Certified Public Accountants.

Key Deals
  • Acting in the opposition of a winding up petition and in seeking an Order for the presentation to creditors of an opposed scheme of arrangement under the Companies Ordinance, in a billion dollar debt restructuring in Hong Kong, forming part of one of the largest ever debt restructurings in Asia.
  • Acting for the Plaintiff in the benchmark case of Field v. Barber Asia, the leading Hong Kong case involving negligence against an independent financial advisor.
  • Acting in a variety of regulatory and professional disciplinary matters, including SFC and CIB.
  • Acting for the liquidators of many high profile administrations, notably Oasis Airlines.
  • Acting as an expert on Hong Kong liquidation procedure in US proceedings (including deposition).
Memberships
  • Fellow of the Hong Kong Credit and Collection Management Association (HKCCMA)
  • Insolvency Lawyers' Association
  • International Bar Association
  • Turnaround Management Association
  • Commonwealth Lawyers Association
  • Law Society Insolvency Committee
  • Institute of Financial Planners of Hong Kong
  • Hong Kong Institute of Certified Public Accountants (HKICPA) Restructuring and Insolvency Faculty Editorial Team and Technical Sub-Committee
  • Mediator accredited by the Hong Kong International Arbitration Centre
  • St David's Society of Hong Kong
  • Gold Coast Yacht and Country Club
  • Classic Car Club of Hong Kong
  • Land Rovers Owner Club
  • MG Owners' Club
  • Rotary Club of Admiralty
  • Hong Kong Club

In addition, Ian is an Appointed Civil Celebrant of Marriages.

Speaking Experience

Over the last few years, Ian has given many talks and presentations, in Hong Kong and Asia, on the topics of insolvency and commercial litigation, including:

  • The latest developments and updates in Hong Kong insolvency law
  • Corporate Rescue
  • Litigation Tactics
  • Bankruptcy & Individual Voluntary Arrangements
  • Winding Up Procedures
  • IVA Practical Application in Hong Kong
  • Provisional Liquidation: The Procedure, The Practice, And Its Link With Corporate Rescue In Hong Kong Winding Up Procedures
  • Debt Recovery: How To Do It And Make It Pay
  • Current Insolvency Issues in Hong Kong
  • The Strategic Use of Litigation Procedures
Writing Experience

Ian has written several articles covering aspects of insolvency, commercial litigation and tenancy law. He is also Contributing Editor for Sweet and Maxwell's Company Law in Hong Kong: Insolvency, released in December 2005.

Testimonials

Ian is listed in Legal Media Group Guide to the World's Leading Insolvency and Restructuring Lawyers.

Ian is listed in Asialaw Leading Lawyers 2010.

Ian is also listed as a leading individual for restructuring and insolvency in the Asia Pacific Legal 500 2009/2010 edition.

Asia Pacific Legal 500 2005/2006 notes that "De Witt receives high praise from clients, who appreciate his commercialism and 'great sense of realism and practicality'."

Ian is recommended in PLC Cross-border Restructuring and Insolvency Handbook 2007/08.