Source: All England Reporter
Publisher Citation: [2009] All ER (D) 96 (Aug)
Neutral Citation: [2009] EWHC 2304 (Ch)
Court: Chancery Division

Guy Newey QC sitting as a deputy judge of the High Court (judgment delivered extempore)

Representation Lucy Frazer (instructed by Mills & Co) for the applicant.
  Lexa Hilliard QC and Stephen Robins (instructed by Birketts) for the first and second respondents.
  Ravi Aswani (instructed by Reed Smith) for the third respondents.
Judgment Dates: 12 August 2009


Insolvency - Jurisdiction - Leave to commence proceedings - Applicant seeking permission to bring proceedings against insolvent first respondent - First respondent obtaining stay of enforcement proceedings in foreign jurisdiction - Stay proceedings recognised by English court - Whether permission to bring proceedings should be granted.

The Case

Insolvency Jurisdiction. Chancery Division: The stay against the bringing of enforcement proceedings against the first respondent, imposed by the Korean court and recognised in the United Kingdom pursuant to the model law on cross-border insolvency, prepared by the United Nations Commission on International Trade Law and to which EC Regulation 1346-2000 (on Insolvency Proceedings) and the Cross-Border Insolvency Regulations 2006, , gave effect, would be respected.

Practice Areas

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