Trusted by the judiciary, government lawyers, prosecutors, and many leading counsel. Click here to request a subscription.
|
or click here to request site subscription to search and view all judgments |
High Court places stay on bankruptcy proceedings pending the determination by the courts of England and Wales as to the respondent debtor's centre of main interest, on grounds that those bankruptcy proceedings had been commenced prior to a petition in the Irish courts.
Bankruptcy - petition by bank - challenge to petition - centre of main interest of respondent debtor - whether court should defer to courts of England and Wales in relation to determination of centre of main interest - "The report on the Convention of Insolvency Proceedings by Virgos and Schmit" (Virgos Schmit report) - Article 3(1) of Insolvency Regulation - Article 25 of Regulation 44/2001 (Brussels Regulation 1) - competing courts - definition of court "first seised" - proceedings commenced in UK by Anglo Irish Bank commenced prior to proceedings in Ireland - discretion to defer dealing with issue of centre of main interest until determined by UK courts - suggestion of forum shopping.
Note: This is intended to be a fair and accurate report of a decision made public by a court of law. Any errors should be notified to the editor and will be dealt with accordingly.
The only e-mail alert service for all Irish judgments over the past 13 years. Click here to request a subscription.
Register Now