Oliver Caplan, head of 18 St John Street’s Business and Property Department, has article published on Lexis®Psl – Definition Of ‘Unregistered Company’ Under Section 220(1) Of The Insolvency Act 1986 (East Riding Of Yorkshire Council V Kmg) [2024] EWHC 1069 (Ch)
Restructuring & Insolvency analysis: This case concerned a petition pursuant to sections 220 and 221 of the Insolvency Act 1986 (IA 1986) to wind-up a sub-fund of an investment fund located in and subject to the laws of Luxembourg. The court determined that the sub-fund is not an unregistered company for the purposes of IA 1986, s 220(1), determining that the definition does not extend to entities that are neither associations nor companies not registered in the UK.
Furthermore, upon considering expert evidence, it was determined that the Petitioner could not be considered a contingent creditor for the purposes of the law of Luxembourg. Accordingly, the Petition was dismissed.
Written by Oliver Caplan, barrister at 18 St John Street Chambers, the report can be accessed by LexisNexis subscribers clicking the link below:
For more information on Oliver Caplan please contact a member of our Business and Property Clerking Team on 0161 278 8261 or email businessproperty@18sjs.com