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11 January 2013
Issue: 7543 / Categories: Case law , Law digest , In Court
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Bankruptcy

O’Donnell and another v Governor and Company of the Bank of Ireland [2012] EWHC 3749 (Ch), [2012] All ER (D) 257 (Dec)

According to settled principles, a debtor’s centre of main interests (COMI) fell to be determined as at the date of presentation of a bankruptcy petition rather than the date (if different) on which the petition was heard. Further, the COMI had to correspond to the place where the debtor conducted the administration of his interests on a regular basis and was, therefore, ascertainable by third parties.

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MOVERS & SHAKERS

Walkers—Muriel Marseille

Walkers—Muriel Marseille

Ashurst's Chief Risk Officer joins Walkers

Excello Law—John Osborne

Excello Law—John Osborne

Northern family lawyer John Osborne joins Excello

mfg Solicitors—Rebecca Rogers, Kennedy Langley & Victoria Griffiths

mfg Solicitors—Rebecca Rogers, Kennedy Langley & Victoria Griffiths

Trio of promotions announced at Kidderminster law firm mfg Solicitors

NEWS
A sole director can conspire with their own company for the purposes of the tort of unlawful means conspiracy, the High Court has ruled in a judgment with potentially wide implications for business disputes
The Court of Appeal has reinforced that domicile depends on intention rather than residence alone, in a significant post-Brexit ruling on cross-border financial remedy claims
The Chancery Division's long history comes to an end this autumn as it is reborn as the Business and Property Division, prompting questions over whether the shake-up is really necessary
The Financial Conduct Authority (FCA) continues to show that failing to disclose regulatory issues can attract harsher consequences than the original misconduct itself
Rejecting a generous settlement can prove an expensive mistake, as two recent high-profile cases demonstrate
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