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Stanford International Bank Ltd, Re: CA 25 Feb 2010

Hughes LJ said: ‘it is essential that the duty of candour laid upon any applicant for an order without notice is fully understood and complied with. It is not limited to a duty not to misrepresent. It consists in a duty to consider what any other interested party would, if present, wish to advance by … Continue reading Stanford International Bank Ltd, Re: CA 25 Feb 2010

Akers and Others v Samba Financial Group: ChD 28 Feb 2014

Samba sought a stay of insolvency proceedings. Shares in a Saudi company were held in trust by a company registered in Cayman. Upon that company going into liquidation, the shares were transferred to the defendant, who now argued that since Saudi law would not recognise such a trust, and the trust being invalid, the action … Continue reading Akers and Others v Samba Financial Group: ChD 28 Feb 2014

In re Stanford International Bank Ltd and Others: ChD 3 Jul 2009

Sir Andrew Morritt explained the relationship of the Regulation, the Model Law, and the still earlier European Convention on Insolvency Proceedings: ‘To understand the arguments and explain my conclusion it is necessary to consider the evolution of both the Insolvency Proceedings Regulation and UNCITRAL. Both were preceded by the European Convention on Insolvency Proceedings. Its … Continue reading In re Stanford International Bank Ltd and Others: ChD 3 Jul 2009

Rubin and Another v Eurofinance Sa and Others: ChD 31 Jul 2009

Judges: Nicholas Strauss QC J Citations: [2009] EWHC 2129 (Ch), [2010] 1 All ER (Comm) 81, [2009] BPIR 1478 Links: Bailii Statutes: Trustee Act 1925, Cross-Border Insolvency Regulations 2006 Jurisdiction: England and Wales Cited by: Appeal from – Rubin and Another v Eurofinance Sa and Others CA 20-Jul-2010 The Court considered whether the principle of … Continue reading Rubin and Another v Eurofinance Sa and Others: ChD 31 Jul 2009

Protasov v Derev: ChD 24 Feb 2021

Judges: Adam Johnson J Citations: [2021] EWHC 392 (Ch), [2021] WLR(D) 120 Links: Bailii, WLRD Statutes: Senior Courts Act 1981 37, Civil Jurisdiction and Judgments Act 1982 25(1), Cross-border Insolvency Regulations 2006 Jurisdiction: England and Wales Insolvency Updated: 11 September 2022; Ref: scu.658921

Rubin and Another (Joint Receivers and Managers of The Consumers Trust) v Eurofinance Sa and Others: CA 30 Jul 2010

Judges: Ward, Wilson, Henderson LJJ Citations: [2010] EWCA Civ 895, [2011] Bus LR 84, [2011] 2 WLR 121, [2011] 1 Ch 133 Links: Bailii Statutes: Cross-Border Insolvency Regulations 2006 Jurisdiction: England and Wales Citing: Order – Rubin and Another v Eurofinance Sa and Others CA 20-Jul-2010 The Court considered whether the principle of universality in … Continue reading Rubin and Another (Joint Receivers and Managers of The Consumers Trust) v Eurofinance Sa and Others: CA 30 Jul 2010

Candey Ltd v Crumpler and Another (Liquidators of Peak Hotels and Resorts Ltd): ChD 15 Feb 2019

Judges: Andrew Hochhauser QC sitting as a deputy High Court judge Citations: [2019] Bus LR 1901, [2019] EWHC 282 (Ch), [2019] WLR(D) 130 Links: Bailii, WLRD Statutes: Legal Aid, Sentencing and Punishment of Offenders Act 2012 (Commencement No 5 and Saving Provision) Order 2013, Cross-Border Insolvency Regulations 2006 Jurisdiction: England and Wales Insolvency, Costs, Legal … Continue reading Candey Ltd v Crumpler and Another (Liquidators of Peak Hotels and Resorts Ltd): ChD 15 Feb 2019

Akers and Others v Samba Financial Group: SC 1 Feb 2017

Saad Investments was a Cayman Islands company in liquidation. The liquidator brought an action here, but the defendant sought a stay saying that another forum was clearly more appropriate. Shares in Saudi banks were said to be held in trust for the company, but Saudi law would not recognise such trusts. The shares had been … Continue reading Akers and Others v Samba Financial Group: SC 1 Feb 2017

Rubin and Another v Eurofinance Sa and Others: SC 24 Oct 2012

The Court was asked ‘whether, and if so, in what circumstances, an order or judgment of a foreign court . . in proceedings to adjust or set aside prior transactions, eg preferences or transactions at an undervalue, will be recognised and enforced in England. The appeals also raise the question whether enforcement may be effected … Continue reading Rubin and Another v Eurofinance Sa and Others: SC 24 Oct 2012

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