Chester 01244 405555

Grosvenor Court
Foregate Street Chester
Cheshire CH1 1HG
DX: 19990 Chester

Shrewsbury 01743 443 043

Lakeside House
Oxon Business Park
Shrewsbury SY3 5HJ
DX: 148563 Shrewsbury 14

Airport City, Manchester 0844 800 8346

Office 129
Manchester Business Park
3000 Aviator Way
Manchester M22 5TG

Send us a message
Our Offices

Court Clears Way for Insolvency Proceedings

25th September, 2013

When there is an overseas element in business structures, issues of jurisdiction can sometimes cause problems.

When a Jersey company was unable to repay a £6 million loan from its bank, advanced in respect of a property development in Kent, the bank and the director of the company agreed that a period of administration under English law would be advisable. It was intended that the period of administration would be followed by the sale of the properties.

A request was therefore made to the Royal Court of Jersey that it should supply the bank with a letter asking the High Court in England to make an administration order. However, the English Court considered that it lacked jurisdiction to make the order, since the company was Jersey resident and no insolvency proceedings had been begun in Jersey.

The Court of Appeal overturned that decision, concluding that the English High Court did have jurisdiction to ‘assist’ in such circumstances.

To discuss this or other issues please contact Nick Clarke on 01244 405558 or email [email protected]

 

You might also be interested in...

Ethics Guidance – Transparency in Price and Service

16th November, 2018

It is reported that a quarter of all complaints dealt with by the Legal Ombudsman revolve around costs. Therefore to avoid complaints and confusion, it is important to be clear from the outset. The new Transparency Rules (which the SRA have now confirmed will come into effect on 6 December 2018) require that accurate and relevant information is... Read More »

Aaron & Partners Increases Recommendations in Leading Industry Guide, The Legal 500

5th November, 2018

Aaron & Partners LLP has once again seen improved rankings in The Legal 500 – a comprehensive guide... Read More »

Mental Health and Stress in the Workplace – 3/3

10th October, 2018

In the lead up to World Mental Health Day on 10 October 2018, we have been posting a series of short articles discussing mental health and stress in the workplace. In this final article, we will be providing tips, to employers and employees, for managing stress and dealing with mental ill health in the workplace. Click here to... Read More »

Contact Us