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25 February 2010
Issue: 7406 / Categories: Case law , Law digest
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Conflict of laws

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Byers and others v Yacht Bull Corporation and another[2010] EWHC 133 (Ch), [2010] All ER (D) 217 (Feb)

The exception regarding “proceedings relating to the winding-up of insolvent companies” contained in Art 1(2)(b) of Council Regulation 44/2001 (the Brussels Regulation) did not apply so as to exclude the application of the Regulation as a whole.

If decisions relating to bankruptcy and winding-up were to be excluded from the scope of the Regulation, it was necessary that they had to derive directly from the bankruptcy or winding-up and be closely connected with the proceedings for “the liquidation des biens” or the “reglement judiciaire”.

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