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02 September 2010
Issue: 7431 / Categories: Case law , Law reports
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Conflict of laws—Bankruptcy—Order of foreign bankruptcy court

Rubin and another v Eurofinance SA and others [2010] EWCA Civ 895, [2010] All ER (D) 358 (Jul)

Court of Appeal, Civil Division,Ward, Wilson LJJ and Henderson J, 30 July 2010

Foreign bankruptcy proceedings, including adversary proceedings, should be recognised as a foreign main proceeding in accordance with the United Nations Commission on International Trade Law (UNCITRAL) Model Law on Cross-Border Insolvency as set out in Sch 1 to the Cross-Border Insolvency Regulations 2006. The appointment therein of the receivers as foreign representatives within the meaning of art 2(j) of the Model Law should be similarly recognised.

Tom Smith (instructed by Dundas & Wilson LLP) for the receivers. Marcus Staff (instructed by Brown Rudnick LLP) for the defendants.

The proceedings concerned The Consumers Trust (TCT) created in March 2002 in order to carry on a sales promotion scheme in the USA and Canada. The trust profitably operated a voucher scheme until subjected to consumer protection proceedings. The first respondent settlor appointed the applicants, as the receivers and managers of TCT, to institute New York bankruptcy proceedings under Chapter 11 of the US bankruptcy code.

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After Woodcock confirmed no general duty to warn, debate turns to the criminal law. Writing in NLJ this week, Charles Davey of The Barrister Group urges revival of misprision or a modern equivalent
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