| Source: | All England Reporter |
| Publisher Citation: | [2009] All ER (D) 185 (Nov) |
| Court: | Chancery Division |
| Judge: | Henderson J (Judgment delivered extempore) |
| Representation | Gabriel Moss QC and William Wilson (instructed by Sidley Austin LLP) for the claimant. |
| Stephen Midwinter appeared for the first defendant. | |
| Richard Snowdon and Mary Stokes (instructed by Weil Gottshal & Manges LLP) for the second defendant. | |
| Judgment Dates: | 17 November 2009 |
Catchwords
Conflict of Laws - Bankruptcy - Parallel proceedings - Bankruptcy proceedings in New York - English court proceedings for distribution of English trust assets - Risk of conflicting judgments - Claimant seeking letter of request to New York court - Whether appropriate to suggest allocation of issues between jurisdictions.
The Case
Conflict of Laws Bankruptcy. The Chancery Division held that a letter would be sent to the designated judge in a New York bankruptcy matter where parallel proceedings were taking place in both England and New York, in order to minimise the risk of conflicting judgments being delivered by those two courts.
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