||All England Reporter
|| All ER (D) 332 (Feb)
|| UKSC 13
Lord Hope Deputy President, Lord Walker, Lord Kerr, Lord Reed and Lord Carnwath
||David Alexander QC, Stephen Robins and Paul O'Brien (instructed by Morrison and Foerster (UK) LLP) for the appellant.
||Gabriel Moss QC, Martin Pascoe QC, Sarah Wolffe QC and Georgina Peters (instructed by Freshfields Bruckhaus Deringer LLP) for the respondent.
||27 February 2013
Conflict of laws - Jurisdiction - Challenge to jurisdiction - Scottish bank being subsidiary of Icelandic bank - Scottish bank being in administration - Winding-up board being appointed for Icelandic bank - Banks making cross claims during insolvency proceedings - Scottish claims being rejected in Iceland - Icelandic decision not being replicated in Scotland - Determination of cross-claims between parties - Applicable law - Credit Institutions (Reorganisation and Winding Up) Regulations 2004, - Directive (EC) 2001/24.
Conflict of laws Jurisdiction. Having considered the Credit Institutions (Reorganisation and Winding Up) Regulations 2004, SI2004-1045 in accordance with Council Directive (EC)2001-24 (on the reorganisation and winding up of credit institutions), the Supreme Court dismissed the appeal by the Winding-Up Board of Landsbanki Islands hf against the decision of the First Division (Scotland) concerning claims submitted by Landsbanki Islands hf, a credit institution incorporated under Icelandic law, in the administration of its wholly-owned subsidiary, Heritable Bank plc, a credit institution incorporated under the with its registered office in Scotland.
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