T&N Ltd. & Ors, Re the Insolvency Act 1986 [2004] EWHC 2878 (Ch) (08 December 2004)

T&N Ltd. & Ors, Re the Insolvency Act 1986 [2004] EWHC 2878 (Ch) (08 December 2004)

It is inappropriate for the English Court to enter into substantive discussions with the US Court on controversial matters that may come before the English Court for decision. The Court will not participate in direct inter-court communication on the estimation of asbestos liabilities at this stage but will facilitate communication of relevant English law and procedural issues to the US Court to assist its deliberations.

Citation
[2004] EWHC 2878 (Ch)
Parties
Debtors/administrators: T&N Limited and Others; Creditor/objector: Trustees of the T&N Retirement Benefits Scheme (1989); Creditor/objector: UK Asbestos Claimants; Applicant/proponent: Plan Proponents; Creditor/objector: Official Committee of Asbestos Creditors
Jurisdiction
England and Wales
Judgment Date
08 December 2004
Procedural Posture
Insolvency/administration / Application for Inter Court Communication Under ICCP
Outcome
Application for direct substantive inter-court communication refused; directions given for communication of English law and procedural issues to US Court.
Legal Topics
Inter Court Communication, Estimation of Liabilities, Schemes of Arrangement, Company Voluntary Arrangements (cvas), Issue Estoppel, Recognition of Foreign Judgments
Insolvency Cross Border Insolvency Company Law Inter Court Communication Estimation of Liabilities Schemes of Arrangement Company Voluntary Arrangements (cvas) Issue Estoppel +1 more

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Parties

T&N Limited and Others

Debtors/administrators

Trustees of the T&N Retirement Benefits Scheme (1989)

Creditor/objector

UK Asbestos Claimants

Creditor/objector

Plan Proponents

Applicant/proponent

Official Committee of Asbestos Creditors

Creditor/objector

Procedural Posture

Insolvency/administration / Application for Inter Court Communication Under ICCP

Legal Issues

  1. 1 Whether the English Court should enter into direct substantive communication with the US Bankruptcy Court regarding estimation of asbestos claims against UK debtors
  2. 2 Whether the English administrators and creditors should be bound by the US Court's estimation of asbestos liabilities
  3. 3 Appropriate process for inter-court cooperation in cross-border insolvency

Ratio Decidendi

It is inappropriate for the English Court to enter into substantive discussions with the US Court on controversial matters that may come before the English Court for decision. The Court will not participate in direct inter-court communication on the estimation of asbestos liabilities at this stage but will facilitate communication of relevant English law and procedural issues to the US Court to assist its deliberations.

Court Disposition

Application for direct substantive inter-court communication refused; directions given for communication of English law and procedural issues to US Court.

Orders

  • Administrators to prepare a draft list and explanation of relevant English law and procedural issues for circulation and comment by parties and the Court.
  • Final form of the document to be communicated to the US Bankruptcy Court.