Chapter 15 Resource Articles

Editor's Note: In this era of chapter 15, the EU Regulation on Insolvency Proceedings and Model Law, it is heartening to find that there is still life yet in the common law in cross-border cases. Bizarrely, given the levels of commerce between the United Kingdom and the United States, throughout the s.304 era there was no equivalent statutory means for cooperation and assistance to be requested and obtained in the United Kingdom in a bankruptcy case originating in the United States. One had the common law, and that was it.
In the course of denying injunctive relief to the Joint Official Liquidators (JOLs) in Cayman Islands voluntary winding up proceedings of the hedge fund group SPhinX Funds, the U.S.