Byers and Others (Liquidators of Madoff Securities International Ltd) v Yacht Bull Corporation and Another: ChD 1 Feb 2010

The claimants asked the court to exercise jurisdiction over a yacht purchased by the defendant company incorporated and domiciled in France with money from the insolvent company.
Held: The court did not have jurisdiction. Article 2 of the regulation applied so as to require the matter to go before the courts in France. The exception in article 1(2)(b) did not apply so as to exclude application of the regulation.

Judges:

Sir Andrew Morritt, Chancellor

Citations:

[2010] BCC 368, [2010] ILPr 24, [2010] EWHC 133 (Ch), Times 15-Feb-2010, [2010] WLR (D) 18

Links:

Bailii, WLRD

Statutes:

Council Regulation (EC) No 44/2001 of December 22, 2000

Jurisdiction:

England and Wales

Jurisdiction, Insolvency

Updated: 14 August 2022; Ref: scu.396744