Kerry Underwood

INSOLVENCY: EXTRA-TERRITORIAL JURISDICTIONS

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Kerry Underwood offers consultancy services in relation to this and other matters and details are here.

In

Wolloff and Short (as Joint Liquidators of Akkurate Limited) v Calzaturificio Rodolfo Zengarini SRL and another [2020] EWHC 1433 (Ch)

the Chancery Division of the High Court held that it did not have power under Section 236(3) of the Insolvency Act 1986 to require persons resident in the European Union to produce documents relating to their dealings with a company being compulsorily wound up in England and Wales.

Section 236(3) does not have extra-territorial jurisdiction.

However, the court held that it did have such power under Council Regulation (EC) No 1346/2000 on insolvency proceedings.

The court here exercised its discretion to make such an order.

The 79-paragraph judgment is an exhaustive examination of the law in this field.

 

Underwoods Solicitors are the solicitors for Crowe UK LLP, the Joint Liquidators of the Cambridge Analytica Group of Companies

Written by kerryunderwood

June 9, 2020 at 10:24 am

Posted in Uncategorized

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