Portrait & Anor v Minai [2023] EWHC 1605 (Ch) (28 June 2023)

Portrait & Anor v Minai [2023] EWHC 1605 (Ch) (28 June 2023)

The petitioners failed to prove that the debtor's COMI was in England and Wales at the date of the petition or that she had a place of residence in England and Wales during the relevant period; the debtor's COMI was in Ukraine, and her presence in England was temporary and involuntary; the court therefore lacks jurisdiction to make a bankruptcy order.

Citation
[2023] EWHC 1605 (Ch)
Parties
Petitioner: Judith Susan Portrait; Petitioner: Joseph Christopher Burns; Debtor: Khadijeh Minai
Jurisdiction
England and Wales
Judgment Date
28 June 2023
Procedural Posture
Bankruptcy Petition / Trial and Final Judgment on Jurisdiction
Outcome
Petition dismissed for lack of jurisdiction
Legal Topics
Centre of Main Interests (comi), Jurisdiction, Habitual Residence, Place of Residence, Insolvency Act 1986 S.265, EU Insolvency Regulation
Insolvency Bankruptcy Private International Law Centre of Main Interests (comi) Jurisdiction Habitual Residence Place of Residence Insolvency Act 1986 S.265 +1 more

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 13 Party arguments 2 Amounts and remedies 3
Sign in to unlock

Parties

Judith Susan Portrait

Petitioner

Joseph Christopher Burns

Petitioner

Khadijeh Minai

Debtor

Procedural Posture

Bankruptcy Petition / Trial and Final Judgment on Jurisdiction

Legal Issues

  1. 1 Whether the court has jurisdiction to make a bankruptcy order against the debtor under s.265 Insolvency Act 1986
  2. 2 Whether the debtor's centre of main interests (COMI) was in England and Wales at the date of the petition
  3. 3 Whether the debtor had a place of residence in England and Wales during the relevant period

Ratio Decidendi

The petitioners failed to prove that the debtor's COMI was in England and Wales at the date of the petition or that she had a place of residence in England and Wales during the relevant period; the debtor's COMI was in Ukraine, and her presence in England was temporary and involuntary; the court therefore lacks jurisdiction to make a bankruptcy order.

Court Disposition

Petition dismissed for lack of jurisdiction

Orders

  • The bankruptcy petition is dismissed.
  • No bankruptcy order is made against the debtor.