Schmitt v Deichmann & Ors [2011] EWHC 294 (Ch) (09 February 2011)

Schmitt v Deichmann & Ors [2011] EWHC 294 (Ch) (09 February 2011)

The Applicants did not have a full and fair opportunity to understand or challenge the ex parte order until late disclosure of the judgment and materials. Given the arguable legal issue regarding the scope of common law powers for recognition of foreign insolvency administrators, and the promptness of the...

Source-derived case information.

Citation
[2011] EWHC 294 (Ch)
Parties
Applicant/claimant: Frank Schmitt; Respondent/appellant/applicant: Deichmann and Others
Jurisdiction
England and Wales
Judgment Date
09 February 2011
Procedural Posture
Application for Permission to Appeal (companies Court, Chancery Division) / Application for Extension of Time and Permission to Appeal Out of Time Against Ex Parte Recognition Order
Outcome
Extension of time and permission to appeal granted.
Legal Topics
Cross Border Insolvency, Recognition of Foreign Insolvency Administrators, Ex Parte Orders, Standing to Sue, Extension of Time for Appeal
Insolvency Private International Law Civil Procedure Cross Border Insolvency Recognition of Foreign Insolvency Administrators Ex Parte Orders Standing to Sue Extension of Time for Appeal

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Summary, issues, holding and outcome

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Parties

Frank Schmitt

Applicant/claimant

Deichmann and Others

Respondent/appellant/applicant

Procedural Posture

Application for Permission to Appeal (companies Court, Chancery Division) / Application for Extension of Time and Permission to Appeal Out of Time Against Ex Parte Recognition Order

Legal Issues

  1. 1 Whether extension of time and permission to appeal out of time against an ex parte recognition order should be granted
  2. 2 Whether the common law powers of the English court allow recognition of a foreign insolvency administrator to bring proceedings to establish rights against persons in England

Ratio Decidendi

The Applicants did not have a full and fair opportunity to understand or challenge the ex parte order until late disclosure of the judgment and materials. Given the arguable legal issue regarding the scope of common law powers for recognition of foreign insolvency administrators, and the promptness of the Applicants' actions once informed, an extension of time and permission to appeal should be granted.

Court Disposition

Extension of time and permission to appeal granted.

Orders

  • Extension of time to appeal against the ex parte recognition order is granted.
  • Permission to appeal against the ex parte recognition order is granted.