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 law, their employees were here, and their contracts also were under UK law. Whilst article 3 did not expressly extend its ambit to companies incorporated outside the EU, it should be read to do so, because its scope was defined primarily by reference to the area of operations of the company, and such an application was not excluded.
The Hon Mr Justice Lloyd
Times 24-Feb-2003, [2003] EWHC 114 (Ch), Gazette 01-Apr-2003, [2003] 2 All ER 201
Bailii
Council Regulation (EC) 1346/2000 3, Insolvency Act 1986 8(7)
England and Wales
Cited by:
Cited – In re The Salvage Association ChD 9-May-2003
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 . .
Lists of cited by and citing cases may be incomplete.
Updated: 20 August 2021; Ref: scu.179589