Welcome to the latest edition of our Insolvency Newsletter. In this edition the Trowers' Insolvency team looks at some recent cross border and personal insolvency decisions.
Katie Farmer outlines some jurisdictional challenges in bankruptcy petitions with the meaning of 'carry on business' considered in Durkan v Jones [2023] EWHC 1359 (Ch) and HRH Prince Hussam Bin Saud Bin Abulaziz Al Saud v Mobile Telecommunications Co KSCP [2023] EWHC 1144 (Ch) providing a detailed look at the meaning of 'place of residence'. Also on the jurisdictional theme, Robyn Engstrom covers Lyons v Bridging Finance Inc [2023] EWHC 1233 (Ch) in relation to a set aside application where the debtor argued England & Wales would be the wrong forum for a petition.
James Lancaster provides insight on the Court's approach to foreign bankruptcy, immoveable property and a bankrupt's access to proceeds of sale where a worldwide freezing injunction is in place, all issues in Kireeva v Bedzhamov [2023] EWHC 1459 (Ch). Adam Berman gives an update on the latest decision in the matter of the bankruptcy of Mr and Mrs Brake, following the Supreme Court decision on locus to challenge decisions of office holders (Brake and another (Respondents) v The Chedington Court Estate Ltd (Appellant) [2023] UKSC 29).
Harvey Lavis summarises the latest decision in another long running bankruptcy case in Frosdick v Official Receiver [2023] EWHC 1262 (KB), and Katie Farmer discusses Re Khilji [2023] EWHC 298 (Ch), a recent decision on the question of when a Trustee becomes aware of property for the purpose of section 283A. Finally, Robyn flags a proposed update in relation to UNICTRAL in this jurisdiction.
If you have any suggestions or requests for future editions of the Trowers Insolvency Bulletin, please get in touch with one of the team.
Click the links below to view our latest insights and news:
- The jurisdiction of the Court to make a bankruptcy order
- Anthony Lyons v Bridging Finance Inc – Statutory Demands and the Wrong Forum
- Bankrupt can sell a London property subject to a freezing order
- Who has standing to challenge office holder decisions?
- Extended Civil Restraint Orders
- Use it or lose it – when a trustee becomes aware of a bankrupt's interest
- An update to the implementation of the UNCITRAL Model Laws on Insolvency
