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Limits on assistance to foreign insolvency court


In this post, international commercial litigator Steven Loble discusses recent case, Singularis Holdings Ltd. v PricewaterhouseCoopers, in which the Judicial Committee of the Privy Council, which is the ultimate court of appeal for UK overseas territories and Crown dependencies, and for some Commonwealth countries, set out the limits of a court’s power to assist in obtaining evidence for use in a foreign insolvency.

Whilst there is a power to assist a foreign court dealing with an insolvency by ordering the production of information by oral testimony or the production of documents, the court would not exercise that power where such an order could not have been made by the court in which the foreign liquidation was proceeding.

In the case under review, the Cayman Court had no power to require third parties to provide to the liquidator anything other than information belonging to the company.  Accordingly, the Privy Council agreed with the Court of Appeal for Bermuda that the liquidator’s applications were ‘forum shopping’ and dismissed the appeal.

If you would like any further information regarding this recent development or need help with your own matter, please feel very welcome to contact me.

About Steven Loble

Steven is an international commercial litigator and foreign judgment enforcement specialist who works for Sherrards Solicitors in London. View Steven’s profile.

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