Source: All England Reporter
Publisher Citation: [2002] All ER (D) 223 (Oct)
Court: Chancery Division

Park J

Representation Ewan McQuater (instructed by Harbottle & Lewis) for the applicant.
  Simon Berry QC (instructed by Rosling King) for the respondent.
Judgment Dates: 16 October 2002


Companies - Winding up - Foreign company - Jurisdiction - Whether injunction should be granted.

The Case

The applicant company's application to restrain presentation of a winding up petition by the respondent company was allowed, inter alia, on the ground, inter alia, that pursuant to EU Regulation 1346-2000 on Insolvency Proceedings, the English court had no jurisdiction to entertain a winding up petition against the company.

If you are a LexisLibrary subscriber you can read more about this case here.