Cross-Border Insolvency, fourth edition provides a comprehensive and up to date consideration of the topic of cross-border insolvency. Written in a clear and accessible manner it guides the user seamlessly through this complex area of law.
The coverage of the book is divided into two parts. The first part describes the key cross-border insolvency regimes including the EC Insolvency Regulation, the UNCITRAL Model Law on Cross-Border Insolvency, section 426 of the Insolvency Act 1986, and the common law. The second part focuses on specific issues in more detail, such as the court's insolvency jurisdiction, ancillary winding-up, enforcement of foreign insolvency judgments, foreign discharge of debts and insolvency set-off.
The fourth edition gives full analysis of the fundamental changes to cross border insolvency law and practice in England including:
The impact of the Supreme Court decision in Rubin v Eurofinance; The revised UK Insolvency Rules; Proposals for revision of the EC Insolvency Regulation; Scope of section 426 – HSBC v Tambrook Jersey; Developments in offshore jurisdictions: Primeo Fund and Saad Investments (Cayman), Re C (BVI); Kelmsley v Barclays Bank PLC.
Previous print edition ISBN: 9781845921040
Read an extract of Cross-Border Insolvency
Table of Contents
Contents: 1. Introduction; 2. The Insolvency Regulation; 3. The Uncitral Model Law; 4. Assistance Pursuant to Section 426 of the Insolvency Act 1986; 5. Jurisdiction for Companies: Winding Up, Administration, CVAs and Schemes of Arrangement; 6. Recognition of Foreign Corporate Insolvency Proceedings at Common Law; 7. Ancillary Winding Up; 8. Jurisdiction for Individuals: Bankruptcy, Debt Relief Orders and IVAs; 9. Recognition of Foreign Bankruptcies at Common Law; 10. Consequences of Recognition at Common Law; 11. Bars to Common Law Recognition; 12. Enforcement of Judgements and Orders Made in Foreign Insolvency Proceedings; 13. Discharge of Debts by Foreign Insolvency Proceedings; 14. Common Law Protection for an English Insolvency Proceeding; 15. Priorities and Set-Off