header-logo header-logo

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

Conflict of laws—Insolvency—Foreign administrator

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

Jurit LLP—Caroline Williams

Jurit LLP—Caroline Williams

Private wealth and tax team welcomes cross-border specialist as consultant

Freeths—Michelle Kirkland Elias

Freeths—Michelle Kirkland Elias

International hospitality and leisure specialist joins corporate team as partner

Flint Bishop—Deborah Niven

Flint Bishop—Deborah Niven

Firm appoints head of intellectual property to drive northern growth

NEWS
Talk of a reserved ‘Welsh seat’ on the Supreme Court is misplaced. In NLJ this week, Professor Graham Zellick KC explains that the Constitutional Reform Act treats ‘England and Wales’ as one jurisdiction, with no statutory Welsh slot
The government’s plan to curb jury trials has sparked ‘jury furore’. Writing in NLJ this week, David Locke, partner at Hill Dickinson, says the rationale is ‘grossly inadequate’
A year after the $1.5bn Bybit heist, crypto fraud is booming—but so is recovery. Writing in NLJ this week, Neil Holloway, founder and CEO of M2 Recovery, warns that scams hit at least $14bn in 2025, fuelled by ‘pig butchering’ cons and AI deepfakes
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
Family courts are tightening control of expert evidence. Writing in NLJ this week, Dr Chris Pamplin says there is ‘no automatic right’ to call experts; attendance must be ‘necessary in the interests of justice’ under FPR Pt 25
back-to-top-scroll