Questions as to the court’s approach to the registration in this jurisdiction of a judgment of a German court under Council Regulation (EC) 44/2001 on Jurisdiction and the Recognition and Enforcement of Judgments in Civil and Commercial Matters. In particular, the court is asked to consider whether that registration should be set aside when the … Continue reading Windhorst v Levy: QBD 6 May 2021
The company wished to enter into a voluntary arrangement to protect itself from insolvency, but was an association incorporated by Royal Charter. Held: For the purposes of the Act, the association was to be treated as having a legal persona capable of being wound up. The words ‘opening’ insolvency proceedings could be read widely enough … Continue reading In re The Salvage Association: ChD 9 May 2003
Olympic Airlines, incorporated in Greece, but with headquarters in London, went into liquidation. The pensions scheme had been run with a deficit. The trustees no sought the winding up of the company under British law. Held: To be an establishment for the purposes of the Insolvency Regulation the following qualities must be present on the … Continue reading Olympic Airlines Sa Pension and Life Assurance Scheme v Olympic Airlines Sa: ChD 29 May 2012
ECJ Judicial cooperation in civil matters – Insolvency proceedings – Regulation (EC) No 1346/2000 – Temporal application – Court having jurisdiction V. Skouris, P Case-1/04, [2006] EUECJ C-1/04, [2006] BCC 639, [2006] ILPr 30, [2006] ECR I-701 Bailii Council Regulation (EC) 1346/2000 Cited by: Cited – Olympic Airlines Sa Pension and Life Assurance Scheme v … Continue reading Staubitz-Schreiber (Area of Freedom, Security and Justice): ECJ 17 Jan 2006
The court considered the the jurisdiction under EU law to commence a secondary winding-up in England of a company whose main liquidation is taking place in Greece. That depended upon whether the company, registered in Greece had a sufficient ‘establishment within the UK. On its winding up, the company had a considerable shortfall in the … Continue reading Olympic Airlines Sa Pension and Life Insurance Scheme v Olympic Airlines Sa: CA 6 Jun 2013
The company was incorporated in Delaware. Its main centre of business was within the UK. The company resisted an attempt to wind the company up here.
Held: The English courts had jurisdiction. The company’s contracts were subject to English . .
Citations: [2012] EWCA Civ 1467 Links: Bailii Statutes: Council Regulation (EC) No 1346/2000, Council Regulation (EC) No 44/2001 Jurisdiction: England and Wales Insolvency, European Updated: 06 November 2022; Ref: scu.465830
The debtor claimed that he could not be served with an insolvency petition, being resident in Spain. Held: The court was to look to where was the centre of his main interests to determine whether to open insolvency proceedings. On that basis, the appeal by the trustee was allowed and the bankruptcy order was restored. … Continue reading Shierson v Vlieland-Boddy: CA 27 Jul 2005
The claimant bank said that the court had had no jurisdiction to make the order it had on the respondent’s bankruptcy, saying that his ‘centre of activity’ had been Germany, and not England. Judges: Purle QC J Citations: [2012] EWHC 2432 (Ch) Links: Bailii Statutes: Insolvency Act 1986 282(1)(a), Council Regulation (EC) No 1346/2000 of … Continue reading Sparkasse Hilden Ratingen Velbert v Benk and Another: ChD 29 Aug 2012
The liquidators of Bilta had brought proceedings against former directors and the appellant alleging that they were party to an unlawful means conspiracy which had damaged the company by engaging in a carousel fraud with carbon credits. On the pleaded facts, Mr Chopra and Mr Nazir were the directing organ of Bilta under its constitution. … Continue reading Jetivia Sa and Another v Bilta (UK) Ltd and Others: SC 22 Apr 2015
