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30 May 2013
Issue: 7562 / Categories: Case law , Law digest , In Court
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Insolvency

HSBC Bank plc v Tambrook Jersey Ltd [2013] EWCA Civ 576, [2013] All ER (D) 247 (May)

The High Court had held that, pursuant to s 426 of the Insolvency Act 1986, it did not have jurisdiction to make an order to “assist” a foreign court which was not actually doing anything in its insolvency jurisdiction: the English court was not being asked to assist the Royal Court of Jersey in any endeavour; it was being asked to provide insolvency proceedings in lieu of any Jersey insolvency proceedings. Consequently, the jurisdictional threshold in s 426 was not crossed. In allowing the appeal, the Court of Appeal held that s 426(4) was not, by its actual working, applicable only to courts exercising jurisdiction in relation to insolvency law; it was applicable to courts having jurisdiction, or the corresponding jurisdiction, in insolvency law. Under established authorities, s 426(4) and (5) were to be given a broad interpretation.

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MOVERS & SHAKERS

Carter-Ruck—Tomas Vail

Carter-Ruck—Tomas Vail

Carter-Ruck strengthens International team with appointment of arbitration partner Tomas Vail

Slater Heelis—Nick Terry

Slater Heelis—Nick Terry

Slater Heelis strengthens crime and regulatory team with appointment of Nick Terry as partner

Payne Hicks Beach—Thomas Moran & Sarah Gogan

Payne Hicks Beach—Thomas Moran & Sarah Gogan

Payne Hicks Beach strengthens private wealth offering with appointment of two new partners

NEWS
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Disabled people could lose vital safeguards following the Supreme Court’s reversal of the Cheshire West test for deprivation of liberty, two barristers warn
A formidable reputation cannot protect a law firm when partner departures, fragile finances and client uncertainty begin feeding each other
Businesses incorporating open-source software into commercial products could face obligations to disclose valuable source code, with AI-assisted development making licensing risks harder to track
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