header-logo header-logo

Conflict of laws—Insolvency—Foreign administrator

09 February 2012
Issue: 7500 / Categories: Case law , Law reports , In Court
printer mail-detail

Schmitt v Deichmann and others [2012] EWHC 62 (Ch), [2012] All ER (D) 177 (Jan)

Chancery Division, Proudman J, 23 Jan 2012

The court has an inherent common law jurisdiction to permit the statutory power under s 423 of the Insolvency Act 1986 (IA 1986) to be applied to a foreign administrator not falling within the express scope of the statute. 

David Marks QC (instructed by Dewey & Le Boeuf LLP) for the appellant. David Wolfson QC and Adam Rushworth (instructed by Kennedys Solicitors) for the respondents.

Phoenix was a German company carrying on business in Germany and elsewhere pursuant to contracts with individuals, including the appellants. Phoenix held all the money collected from investors in a single managed account. Phoenix represented that it was a trustee of the money which would be invested in the futures market. The claimant, the German administrator of Phoenix, alleged that the enterprise was loss-making from the start; all or most of the money invested was used to cover existing overheads and to pay fictitious profits to other investors rather than being invested in the

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

NLJ career profile: Liz McGrath KC

NLJ career profile: Liz McGrath KC

A good book, a glass of chilled Albarino, and being creative for pleasure help Liz McGrath balance the rigours of complex bundles and being Head of Chambers

Burges Salmon—Matthew Hancock-Jones

Burges Salmon—Matthew Hancock-Jones

Firm welcomes director in its financial services financial regulatory team

Gateley Legal—Sam Meiklejohn

Gateley Legal—Sam Meiklejohn

Partner appointment in firm’s equity capital markets team

NEWS

Walkers and runners will take in some of London’s finest views at the 16th annual charity event

Law school partners with charity to give free assistance to litigants in need

Could the Labour government usher in a new era for digital assets, ask Keith Oliver, head of international, and Amalia Neenan FitzGerald, associate, Peters & Peters, in this week’s NLJ

An extra bit is being added to case citations to show the pecking order of the judges concerned. Former district judge Stephen Gold has the details, in his ‘Civil way’ column in this week’s NLJ

The Labour government’s position on alternative dispute resolution (ADR) is not yet clear

back-to-top-scroll