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 capable of being wound up. The words ‘opening’ insolvency proceedings could be read widely enough to include a creditors meeting under a proposed voluntary arrangement. Although the regulations did explicitly not apply to English companies it would be perverse to exclude the jurisdiction.
Blackurn J
Times 21-May-2003, Gazette 19-Jun-2003, [2003] EWHC 1028 (Ch), [2004] 1 WLR 174
Insolvency Act 1985 8(7), Council Regulation (EC) 1346/2000 on insolvency proceedings
England and Wales
CitedBrac Rent-A-Car International Inc ChD 7-Feb-2003
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 . .

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Updated: 23 March 2021; Ref: scu.182424