在最新的 Re USUM Investment Group Ltd[2026] HKCFI 1320 一案中，香港公司法庭就普通法下对内地重整程序的承认（recognition）与协助（assistance），处理了若干“新颖而重要的问题（Novel and Important Questions）”，包括：香港法庭是否有权承认经境外法院（本案为内地法院）批准的企业破产重整；如有，具体的协助范围包括哪些？
本案中，香港公司法庭最终批准了由重庆市第五中级人民法院委任的管理人（Administrators）在香港提出的申请。该判决为日后内地与香港跨境重整的处理方式提供了更清晰的、权威性的分析路径，并进一步强化香港作为普通法跨境破产／重整枢纽司法管辖区的定位。
事实背景
In Re USUM Investment Group Ltd[2026] HKCFI 1320, the Hong Kong Companies Court delivered a landmark judgment concerned with “novel and important questions as to whether the court has power to recognize a restructuring approved by a foreign court and, if so, the extent of such assistance”.
In cross-border civil and commercial litigation between Hong Kong and Mainland China, parties often struggle to obtain evidence located in Mainland China.
Jackson Hospital has sued Blue Cross and Blue Shield of Alabama in an Alabama bankruptcy court for $250 million. The Montgomery-area hospital claims that years of claims underpayment by the insurance giant have directly contributed to its insolvency.
Executive Summary
Under § 547(b) of the Bankruptcy Code (emphasis added):
- “the trustee may, based on reasonable due diligence in the circumstances of the case and taking into account a party’s known or reasonably knowable affirmative defenses under subsection (c), avoid [a preferential transfer.”
Question: What amount of detail is required in a preference complaint to satisfy the above-quoted “reasonable due diligence” requirement?
Introduction
This legal guide summarises the key differences between a ‘voluntary strike off’ and a ‘voluntary winding up’ under the Companies (Guernsey) Law, 2008 (Companies Law). Both procedures bring a company’s existence to an end, but they differ in purpose, process, timing, cost and risk. This legal guide is designed to help clients determine the most appropriate route based on their circumstances.
Voluntary strike off
In Webb and another (as liquidators of Eversholt Rail (365) Limited (in liquidation)) v Eversholt Rail Limited and another [2026] EWHC 101 (Ch), the High Court dismissed the liquidators’ appeal against a decision not to allow their extensive application for the production of documents under s.235 and s.236 of the Insolvency Act 1986 (IA 1986). The application had sought to reconstitute a special purpose company’s full corporate knowledge in circumstances where it had held no documents of its own.
Introduction