A bankruptcy petition should not proceed if the debt is disputed and subject to an exclusive jurisdiction clause in favour of a foreign court.
Eurosail’s journey has come to an end: the Supreme Court rejects the “point of no return” test, returns to balance sheet basics.
John Houghton, European Head of Restructuring and Co-Global Chair of Bankruptcy and Restructuring remarks:
United Kingdom, Insolvency & Restructuring, Litigation, Latham & Watkins LLP, Liquidation, Balance sheet, Insolvency Act 1986 (UK)
Summary
In one of the most eagerly awaited appeals to affect the restructuring and insolvency community since MyTravel, the Court of Appeal in the European Directories case ruled on Friday 22 October that:
European Union, Insolvency & Restructuring, Litigation, Latham & Watkins LLP, Share (finance), Shareholder, Surety, Debt, Holding company, Court of Appeal of England & Wales