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Well-known and respected for her technical proficiency and depth of experience, Juliette has advised on some of South Africa’s most challenging insolvency and business rescue cases in the aviation, retail and commercial property sectors.
Drawing on 20 years’ experience and strong relationships with practitioners in this highly specialised field, she acts for liquidators, business rescue practitioners and creditors, and also advises the boards of companies experiencing financial distress or anticipating financial distress.
In the insolvency sphere, Juliette has extensive experience in all relevant court proceedings, including applications for liquidation and sequestration, the perfection of securities and extension of the powers of liquidators. She regularly acts for liquidators dealing with the winding-up process, including insolvency enquiries and the litigation that flows from such enquiries, including reckless trading and impeachable disposition proceedings.
In business rescue proceedings, Juliette assists with both the litigious and commercial aspects, including the sale of assets, assessment of claims and negotiations with creditors.
Juliette also advises clients in regard to creditors’ compromises under the Companies Act.
When assisting companies experiencing or anticipating financial distress, she advises on all aspects of distressed debt, debt restructuring and enforcing security.
Being well acquainted with the various complexities that may arise during business rescue and insolvency matters, Juliette uses her analytical and strategic-thinking skills to anticipate and proactively address these wherever possible.
She is attuned to the sensitivities that can accompany financial distress, approaching difficult or uncomfortable situations with tact and professionalism. Juliette’s view is that although business rescue and insolvency are inherently challenging for the parties involved, this can be alleviated through effective solutions and expert guidance and support.
Juliette is also an experienced commercial litigator, particularly in matters such as shareholder disputes and delinquent director proceedings.
- LLM, University of Cape Town
- LLB, University of Cape Town
- BA, University of Cape Town
- Advanced Short Course in Business Rescue Practice, UNISA
- Qualified solicitor admitted in the High Court of England and Wales
- SARIPA (South African Restructuring and Insolvency Practitioners Association)
- TMA – SA (Turnaround Management Association of South Africa)
Jurisdictions worked in: South Africa, England
Recently Juliette has:
- Acted for various litigation claimants against Steinhoff International Holdings Proprietary Limited.
- Acted for both liquidators and creditors in complex liquidations, including acting for British Airways PLC in the liquidation of Comair Limited.
- Acted as independent chairperson of the creditors’ committees in the business rescue proceedings of both Edcon Limited and South African Airways SOC Limited.
- Regularly acted for local and foreign creditors in business rescue proceedings, including Sojitz Corporation (listed on the Tokyo Stock Exchange) in the business rescue proceedings of Wego Africa Pty Ltd.
- Regularly acts for business rescue practitioners, including those appointed in the Bestinver group of companies (owners of various significant commercial properties in Cape Town, Johannesburg and the Eastern Cape) and those appointed in Edcon Limited.
- Advised various boards of companies experiencing financial distress, including in relation to the duties of directors and the restructuring processes available.
- Represented both liquidators and creditors in forensic investigations and formal enquiries into the affairs of companies in liquidation and the prosecution of claims arising (including reckless trading and impeachable disposition actions).
- Chambers and Partners ranked Juliette in Band 4 for her work in Restructuring/ Insolvency in 2022 and 2023.
‘Juliette de Hutton is an experienced and established commercial litigator.’
‘She is particularly astute when it comes to debt recovery and liquidation.’ – Chambers and Partners, 2022