- SI 2011/245.
- SI 2011/239.
- Respectively defined by reference to Part 7 of the Companies Act 1989.
- See the Investment Bank Special Administration (England and Wales) Rules 2011 (SI 2011/1301) and the Investment Bank Special Administration (Scotland) Rules 2011 (SI 2011/2262).
- [2011] UKSC 38, [2011] 3 WLR 521.
- [2009] EWCA Civ 1160, [2010] Ch 347.
- [2009] EWHC 1912 (Ch), [2099] 2 BCLC 400.
- [1975] 1 WLR 758, which on its facts (but not the issue of principle) was distinguished by the High Court of Australia in International Air Transport Association v Ansett Australia Holdings Ltd [2008] HCA 3, (2008) 234 CLR 151.
- [1985] Ch 207, at 226.
- (1861) 2 J&H 204, at 214–15.
- [2010] EWHC 3372 (Ch), [2011] 2 BCLC 120.
- At [108]–[110].
- Ex p Mackay; Ex p Brown; In re Jeavons (1873) LR 8 Ch App 643.
- [2011] EWCA Civ 328, [2011] BCC 675. The decision at first instance is to be found at [2010] EWHC 1121 (Ch).
- (1932) 48 TLR 443.
- [2001] 1 WLR 1150.
- [1901] 1 Ch 279.
- Lord Collins did refer, at [73], to the hire purchase case of In re Apex Supply Co Ltd [1942] Ch 108, but this was in the context of whether in that case the provision in the agreement for payment of compensation by the hirer to the financier upon termination for bankruptcy amounted to a fraud on the bankruptcy laws, not as to whether the right to terminate infringed the anti-deprivation rule.
- (1839) 4 My & Cr 442.
- [2006] EWCA Civ 7, [2006] Ch 610, at [79].
- The rule may be applied differently in calculating the respective amounts due as between the parties if there is a double insolvency (ie both are subject to insolvency proceedings), depending upon whether the principal debtor's proceedings commenced before those of the guarantor: see Lord Walker in Re Kaupthing Singer and Friedlander Ltd [2011] UKSC 48, [2011] 3 WLR 939, at [48]. See also Chadwick LJ in Re SSSL Realisations (2002) Ltd [2006] EWCA Civ 7, [2006] Ch 601, at [106]–[116].
- Pursuant to para 65(3) of Sched. B1 to the Insolvency Act 1986.
- [2009] EWHC 3377 (Ch).
- [2011] UKSC 48, [2011] 3 WLR 939.
- At [11]–[12].
- [2004] UKHL 24, [2004] 2 AC 506.
- [2011] EWCA Civ 227, [2011] 1 WLR 2524.
- [2010] EWHC 2005 (Ch), [2011] 1 WLR 1200.
- [2009] EWCA Civ 1399, [2010] 2 Lloyd's Rep 1399, at [53]– [54] (the case has since been the subject of an appeal to the Supreme Court: [2011] UKSC 16, [2011] 1 WLR 921).
- In R Goode, Principles of Corporate Insolvency Law (Sweet & Maxwell, 3rd edn, 2005), para 4–06. A new edition of the book has now been published.
- Report of the Review Committee on Insolvency Law and Practice (Cmnd 8558, 1982) at paras 216, 529 and 535.
- The Rule provides as follows: “For the purposes of references in any provision of the [Insolvency Act 1986] or the Rules about winding up to a debt or liability, it is immaterial whether the debt or liability is present or future, whether it is certain or contingent, or whether it is fixed or liquidated, or is capable of being ascertained by fixed rules or as a matter of opinion.” The Rules also contain other provisions as to valuing future and uncertain claims.
- Case C-396/09 (20/10/2011).
- 1346/2000/EC [2000] OJ L160/1.
- Case C-341/04, [2006] ECR I-3813, [2006] Ch 508.
- Case C-1/04, [2006] ECR 1–701, [2006] BCC 639.
- Case C-174/08, [2009] ECR I-10567, [2010] STC 532, at [24].
- Case C-191/10 (15/12/2011).
- Case C-112/10 (17/11/2011).
- EC/1346/2000 [2000] OJ L160/1.
- Case C-341/04, [2006] ECR I-3813, [2006] Ch 508.
- [2009] EWHC 3199 (Ch), [2010] BCC 295.
- [2010] EWHC 3472 (Ch), [2011] BPIR 408.
- [2011] EWHC 15 (Ch), [2011] 1 WLR 2049.
- [1997] Ch 213, at 241–41.
- [2006] EWHC 3462 (Ch), [2006] BCC 599.
- [2006] EWHC 1296 (Ch), [2007] BCC 446.
- [2006] EWHC 1343 (Ch), [2006] BCC 861.
- (1874) LR 9 Ch App 609.
- [1988] Ch 275, at 289.
- [1997] Ch 213.
- [2008] UKHL 21, [2008] 1 WLR 852.
- [2011] EWHC 1025 (Ch), [2011] BPIR 1372.
- 1346/2000/EC [2000] OJ L160/1.
- [1933] AC 289.
- SI 2004/1045 (as amended).
- 2001/24/EC [2001] OJ L125/15.
- 1346/2000/EC [2000] OJ L160/1.
- [2011] EWHC 2611 (Comm).
- [2011] EWHC 566 (Comm), [2011] 2 BCLC 682.
- [2009] EWCA Civ 677, [2009] 2 All ER (Comm) 891, at [16].
- [2009] EWCA Civ 446, [2010] Ch 77, at [37]–[38].
- [2011] EWHC 878 (Ch).
- SI 2006/1030.
- 1346/2000/EC [2000] OJ L160/1.
- See Recital (33) to the Regulation.
- See Langley Constructions (Brixham) Ltd v Wells [1969] 1 WLR 503.
- [2006] UKPC 26, [2007] 1 AC 508, at [22].
- [2010] EWCA Civ 895, [2011] Ch 133, at [62].
- [2011] EWHC 1104 (Ch), [2011] Bus LR 1245.
- It should also be noted that a voluntary winding up of an unregistered company, which is achieved by a resolution of the members of the company and usually does not involve a petition to the court, may only occur in accordance with the EC Insolvency Regulation – see s 221(4).
- [1991] BCLC 210, at 217.
- [2001] 2 BCLC 116.
- [2004] 1 WLR 1049, at [23] to [26].
- [2006] EWHC 1335 (Ch), [2007] 1 BCLC 228, at [33].
- [2001] EWCA Civ 1696.
- 1346/2000/EC [2000] OJ L160/1.
- 44/2001/EC [2001] OJ L12/1.
- Art 22.2 goes on to provide that the seat of a company is to be determined by the court, applying its own rules of private international law. In the UK, this probably means its registered office, place of incorporation or where it was formed: see Art 60(2).
- [1996] 1 BCLC 562, at 577. In his judgment, Briggs J appeared to take the view that the public interest exception also applied under the Insolvency Regulation, so that an English court could take jurisdiction on that ground, but there is no warrant for that view to be found in the Regulation. Instead, Art 26 permits a Member State to refuse recognition of insolvency proceedings opened in another Member State, and judgments handed down pursuant to such proceedings, on public policy grounds.
- The Report of Professor Dr Peter Schlosser on the accession of the UK, Denmark and Ireland to the Brussels Convention (which was the predecessor to the Jurisdiction and Judgments Regulation), at para 53.
Law and Financial Markets Review
Volume 6, 2012 - Issue 2