Application for recognition of foreign insolvency action. Judges: Insolvency and Companies Court Judge Catherine Burton Citations: [2021] EWHC 1100 (Ch) Links: Bailii Statutes: Cross-Border Insolvency Regulations 2006 Jurisdiction: England and Wales Insolvency Updated: 27 November 2022; Ref: scu.662217
Citations: [2018] EWHC 2186 (Ch) Links: Bailii Jurisdiction: England and Wales Insolvency Updated: 26 April 2022; Ref: scu.621144
Citations: [2017] EWHC 2791 (Ch) Links: Bailii Jurisdiction: England and Wales Insolvency Updated: 01 April 2022; Ref: scu.599629
[2021] EWHC 3346 (Ch) Bailii England and Wales Insolvency Updated: 17 January 2022; Ref: scu.670370
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
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
Simon Barker QC HHJ [2015] EWHC 1031 (Ch) Bailii Cross Border Insolvency Regulations 2006 England and Wales Insolvency, International Updated: 29 December 2021; Ref: scu.546165
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
Judges: Morgan J Citations: [2009] EWHC 576 (Ch), [2009] BPIR 1502 Links: Bailii Statutes: Cross-Border Insolvency Regulations 2006 Jurisdiction: England and Wales Insolvency Updated: 22 November 2022; Ref: scu.416191
Judges: Kitchin J Citations: [2010] EWHC 1299 (Ch) Links: Bailii Statutes: Cross-Border Insolvency Regulations 2006 Jurisdiction: England and Wales Insolvency Updated: 22 November 2022; Ref: scu.420219
Judges: Newey J Citations: [2009] EWHC 2304 (Ch), [2009] BPIR 1367 Links: Bailii Statutes: Cross-Border Insolvency Regulations 2006 Jurisdiction: England and Wales Insolvency, Litigation Practice Updated: 14 November 2022; Ref: scu.416199
Judges: Insolvency and Companies Court Judge Burton Citations: [2020] EWHC 351 (Ch) Links: Bailii Statutes: Cross-Border Insolvency Regulations 2006 Jurisdiction: England and Wales Insolvency Updated: 31 October 2022; Ref: scu.649087
Citations: [2020] EWHC 123 (Ch) Links: Bailii Statutes: Cross-Border Insolvency Regulations 2006 Jurisdiction: England and Wales Insolvency Updated: 16 October 2022; Ref: scu.646319
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
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
Judges: Briggs J Citations: [2011] EWHC 216 (Ch) Links: Bailii Statutes: Cross-Border Insolvency Regulations 2006 Jurisdiction: England and Wales Insolvency Updated: 01 September 2022; Ref: scu.428674
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
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
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
Judges: Lewison, Henderson, Baker LJJ Citations: [2018] FCA 153, [2018] WLR(D) 784, [2018] EWCA Civ 2802 Links: WLRD, Bailii Statutes: Cross-Border Insolvency Regulations 2006 Jurisdiction: England and Wales Insolvency, International Updated: 27 April 2022; Ref: scu.631413
Jeremy Cousins C [2016] EWHC 1545 (Ch) Bailii Cross-Border Insolvency Regulations 2006 England and Wales Insolvency, International Updated: 18 January 2022; Ref: scu.566238
Snowden J [2016] BUS LR 121, [2016] WLR(D) 1, [2016] EWHC 25 (Ch) WLRD, Bailii Cross-Border Insolvency Regulations 2006 England and Wales Insolvency, International Updated: 09 January 2022; Ref: scu.558738
The court was asked as to the scope of the relief that may be granted by the Companies Court upon recognition of a foreign insolvency proceeding. Morgan J [2014] EWHC 2124 (Ch) Bailii Cross-Border Insolvency Regulations 2006 England and Wales Company, Insolvency Updated: 09 January 2022; Ref: scu.533665
Burton J [2013] EWHC 3689 (Comm) Bailii Cross-Border Insolvency Regulations 2006 England and Wales Insolvency, International Updated: 26 November 2021; Ref: scu.518425
Appeal against a recognition order made under The Cross-Border Insolvency Regulations 2006 The Hon. Mr Justice Fancourt [2020] EWHC 2429 (Ch) Bailii England and Wales Insolvency, International Updated: 17 November 2021; Ref: scu.653881
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
1267 – 1278 – 1285 – 1297 – 1361 – 1449 – 1491 – 1533 – 1677 – 1688 – 1689 – 1700 – 1706 – 1710 – 1730 – 1737 – 1738 – 1751 – 1774 – 1792 – 1793 – 1804 – 1814 – 1819 – 1824 – 1828 – 1831 – 1832 … Continue reading Acts