Bloom & Ors v Harms Offshore AHT "Taurus" GmbH & Co KG & Anor [2009] EWCA Civ 723 (20 May 2009)

Bloom & Ors v Harms Offshore AHT "Taurus" GmbH & Co KG & Anor [2009] EWCA Civ 723 (20 May 2009)

The German companies' conduct in obtaining and relying on New York attachment orders without informing the administrators, thereby prejudicing the administration and company voluntary arrangement, was unconscionable and obstructed the administration order. The appeal was dismissed, and the order restraining the German companies from relying on the attachments was upheld, subject to variation clarifying its temporal scope.

Citation
[2009] EWCA Civ 723
Parties
Appellants: Bloom & Ors; Respondents: Harms Offshore AHT "Taurus" GmbH & Co KG & Anr
Jurisdiction
England and Wales
Judgment Date
20 May 2009
Procedural Posture
Civil Appeal / Appeal From High Court (chancery Division, Companies Court)
Outcome
Appeal dismissed
Legal Topics
Administration Orders, Maritime Attachment, Jurisdiction, Enforcement of Foreign Orders, Company Voluntary Arrangement
Insolvency Cross Border Insolvency Company Law Administration Orders Maritime Attachment Jurisdiction Enforcement of Foreign Orders Company Voluntary Arrangement

Case Brief

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Parties

Bloom & Ors

Appellants

Harms Offshore AHT "Taurus" GmbH & Co KG & Anr

Respondents

Procedural Posture

Civil Appeal / Appeal From High Court (chancery Division, Companies Court)

Legal Issues

  1. 1 Whether the German companies should be directed to release attachment orders obtained in New York over assets of a company in English administration
  2. 2 Whether reliance on New York attachment orders prejudices the administration and is unconscionable

Ratio Decidendi

The German companies' conduct in obtaining and relying on New York attachment orders without informing the administrators, thereby prejudicing the administration and company voluntary arrangement, was unconscionable and obstructed the administration order. The appeal was dismissed, and the order restraining the German companies from relying on the attachments was upheld, subject to variation clarifying its temporal scope.

Court Disposition

Appeal dismissed

Orders

  • Appellants restrained from taking further steps in the US attachment proceedings
  • Appellants to use best endeavours to procure release of the New York attachment orders and any attachments effected pursuant to those orders