Alex Eliott

Languages Spoken

Alex has proficiency in English and Afrikaans

Practice Areas

Alex brings a wealth of experience in the legal profession, specialising in business restructuring, business rescue and insolvency, while also possessing a broad understanding of other legal disciplines such as general litigation, gambling law, sports law and commercial law.

Career

Alex Eliott has been a practising attorney for more than 25 years. He started practising insolvency law in 1997 while an associate at Edward Nathan & Friedland Inc and enjoyed a wide-ranging practice in general litigation, insolvency and sports law. When ENF split into Edward Nathan and Knowles Husain Lindsay in 2000, Alex joined KHL, where he was appointed as a partner in 2001. In 2011 Alex joined Routledge Modise Inc, then in the Eversheds group and later in the South African branch of the Hogan Lovells international law firm group. Shortly after his arrival, the new Companies Act came into effect and he immediately expanded his insolvency practice into the exciting new field of business rescue.

In 2015 Routledge Modise joined the Hogan Lovells group and Alex became the Practice Area Leader of Business Restructuring and Insolvency. Alex led an immensely successful team, until leaving in May 2019 to set up his own boutique practice in this specialised field. He has had deep experience, acting for a host of clients across the restructuring spectrum - including business rescue practitioners, SARS, shareholders, trade unions and major creditors.

Alex is known for his ability to simplify and clarify the most complex situations and is a highly innovative legal strategist. He believes that the answer is simple when you know which question to ask.

Professional Memberships

Alex has been a leading figure in the turnaround profession for a number of years. He is a longstanding member of INSOL, SARIPA and the Turnaround Management Association of Southern Africa (TMA). He was appointed as a director of the TMA in 2014 and held that position until 2023. He still serves as the TMA’s General Counsel and its representative on the CIPC’s Business Rescue Liaison Committee. He counts many leading judgments in the fields of insolvency and business rescue law amongst his palmares.

Publications

Alex has contributed to the legal field through multiple publications, including articles. His most recent publications include an article published in INSOL World Q2 in which he compares the treatment across international restructuring regimes of the voting interests of various classes of creditors in a formal workout scenario. He has also written a detailed article (jointly with Keith Braatvedt) on the vexed question of whether post-commencement creditors can participate and vote in the South African business rescue process.

You can view all his publications here : https://blackboxlaw.co.za/media-and-articles/

Expert in these Jurisdictions

Alex's primary expertise and experience lies in his home country South Africa. He has in addition worked on many cross-border insolvency and restructuring matters in international jurisdictions such as the UK, the USA, Australia and Germany, as well as in neighbouring countries Namibia, Botswana, Zimbabwe, Zambia and Mozambique.

Experience

Acted for the joint liquidators of Serveco (Pty) Ltd (in liquidation) and successfully (on appeal in the Supreme Court of Appeal) defended an interdict brought by Serveco’s majority shareholder. The SCA held that it is unlawful for a company in liquidation to be deregistered, and that it was not a prerequisite for the Master in convening an insolvency inquiry to act upon the application of a person or any category of persons.

Advised and represented the business rescue practitioner in a successful rescue and restructuring of a construction group in Secunda. Two important projects for Sasol were kept on track and 100 jobs were saved. Business rescue plans implemented successfully in May 2013.

Provided an opinion to SAFA’s Executive Committee in regard to the 2012 FIFA report on alleged match-fixing of friendly matches played by the men’s national team in the lead-up to the 2010 World Cup. All his recommendations were ultimately followed by SAFA.

Representing a Zimbabwean national in a cross-border restructuring of a group of companies operating bush camps in Zimbabwe and Botswana (current).

Represented a major glass wholesaler and distributor in proceedings before the Competition Tribunal and successfully negotiated a settlement agreement with the Competition Commission, which was confirmed by the Tribunal.

Acting for Tiger Brands in opposing an application by the South African Sugar Association to the International Trade Administration Commission for an increase in the import tariff on sugar (current).

Successfully applied to the South Gauteng High Court for an order to restore a company that had been unlawfully deregistered by CIPRO prior to the implementation of the Companies Act 71 of 2008.

Work Highlights

- Drafted successful representations on behalf of TMA-SA to CIPC to change stance towards business rescue proceedings which commenced during lockdown

- Negotiated and executed during October 2021 sale of cranes owned by CC Crane Hire to Spanish buyer and settlement of litigation for ZAR115m; represented BRPs in successful rescue where R267m of debt was repaid to creditors and company exited rescue with R100m in assets

- Negotiated, using tactical litigation where necessary, cancellation of leases with major landlords of Bride & Co / Eurosuit, leading to successful rescue

- Negotiated successful purchase and then resale of 947 Cycle Challenge event

- Conceptualised, negotiated and implemented successful strategy for Taung Gold/Arqomanzi to acquire control of voting interests in Vantage Goldfields group, by purchasing secured assets from Standard Bank

- Conceptualised successful strategy for Paramount Group to purchase Ahrlac Group in business rescue

- Advised NUMSA and SACCA on business rescue aspects of their successful application for an interdict against SAA and its BRPs, preventing them from retrenching 5000 employees in the absence of a business rescue plan (https://www.msn.com/en-za/news/other/numsa- sacca-welcome-labour-court-ruling-on-unfair-retrenchments-at-saa/ar-BB13Pxt3);

-Set precedent as to when BRPs may commence retrenchments in Labour Appeal Court:

Industry Sector Expertise

- Mining

- Aerodefence

- Financial services

- Sports

-Gambling

Clients

Alex has acted for many leading players in the business rescue and insolvency fields, in a wide range of industries and across the spectrum of stakeholders. These include Engaged Business Turnaround, Fluence Capital, Business Rescue Partner, Crest Capital, BDO Consulting, Corporate 911, Business Rescue Exchange, Unleash Consulting (business rescue practitioners); NUMSA, SAFPU (trade unions); South African Revenue Service (tax authority); Reichmans, Barak Fund (lenders); Government of Saint Helena (employer); Taung Gold/Arqomanzi, Sovereign Foods (investors); Regis Holdings (shareholder); Genesis Corporate Solutions, RMG Trust, BDO (insolvency practitioners); and other clients such as CNA, Consolidated Steel Industries, Metrofile and Paramount.

Personal

Participant in the 2023 Triathlon (70.3) World Championships

Married

5 children

Avid reader and collector of facts

Enjoy travel and the outdoors

Education

Awards