header-logo header-logo

17 May 2013
Issue: 7560 / Categories: Case law , Law reports , In Court
printer mail-detail

Insolvency—Jurisdiction—Agreement of parties

HSBC Bank v Tambrook Jersey Ltd [2013] EWHC 866 (Ch), [2013] All ER (D) 116 (Apr)
 

Chancery Division, Mann J, 12 Apr 2013

In order for an English court to provide “assistance” to a foreign court under s 426(4) of the Insolvency Act 1986, there have to be existing or future intended insolvency proceedings in that other court.

Stephen Robins (instructed by CMS Cameron McKenna) for the bank.

The claimant company was registered in Jersey. Its centre of main interests was in Jersey, but its main business activity was in England. It borrowed more than £6m for the defendant bank in order to purchase and develop property in England. That venture was a major failure, and the bank became the defendant’s main creditor.

The director of the claimant and the bank arranged for sale of the property to occur, but considered it appropriate that a form of insolvency procedure occur before sale. It was not considered that Jersey insolvency proceedings would be appropriate, as the only available Jersey procedure, known as “Desastre”, would conclude certain contracts that needed to remain.

An English administration

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

Hogan Lovells—Lisa Quelch

Hogan Lovells—Lisa Quelch

Partner hire strengthens global infrastructure and energy financing practice

Sherrards—Jan Kunstyr

Sherrards—Jan Kunstyr

Legal director bolsters international expertise in dispute resolution team

Muckle LLP—Stacey Brown

Muckle LLP—Stacey Brown

Corporate governance and company law specialist joins the team

NEWS

NOTICE UNDER THE TRUSTEE ACT 1925

HERBERT SMITH STAFF PENSION SCHEME (THE “SCHEME”)

NOTICE TO CREDITORS AND BENEFICIARIES UNDER SECTION 27 OF THE TRUSTEE ACT 1925
Law firm HFW is offering clients lawyers on call for dawn raids, sanctions issues and other regulatory emergencies
From gender-critical speech to notice periods and incapability dismissals, employment law continues to turn on fine distinctions. In his latest employment law brief for NLJ, Ian Smith of Norwich Law School reviews a cluster of recent decisions, led by Bailey v Stonewall, where the Court of Appeal clarified the limits of third-party liability under the Equality Act
Non-molestation orders are meant to be the frontline defence against domestic abuse, yet their enforcement often falls short. Writing in NLJ this week, Jeni Kavanagh, Jessica Mortimer and Oliver Kavanagh analyse why the criminalisation of breach has failed to deliver consistent protection
Assisted dying remains one of the most fraught fault lines in English law, where compassion and criminal liability sit uncomfortably close. Writing in NLJ this week, Julie Gowland and Barny Croft of Birketts examine how acts motivated by care—booking travel, completing paperwork, or offering emotional support—can still fall within the wide reach of the Suicide Act 1961
back-to-top-scroll