Cross-Border Insolvency 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.