Lau v Cowley & Anor [2020] EWHC 2429 (Ch) (10 September 2020)

Lau v Cowley & Anor [2020] EWHC 2429 (Ch) (10 September 2020)

The court has power under Schedule 2 to the Cross-Border Insolvency Regulations 2006, by virtue of CPR rule 6.15(2), to retrospectively validate service of a recognition application outside England and Wales, and the delivery of the application to the Debtor's home in Hong Kong constituted good service.

Citation
[2020] EWHC 2429 (Ch)
Parties
Debtor: Lau Yu (also known as Jaffe Lau); Trustees: Patrick Cowley and Wong Wing Sze Tiffany (trustees in bankruptcy of the Debtor in Hong Kong)
Jurisdiction
England and Wales
Judgment Date
10 September 2020
Procedural Posture
Appeal / Judgment on Appeal Against Recognition Order
Outcome
Appeal dismissed
Legal Topics
Retrospective Validation of Service, Recognition of Foreign Insolvency Proceedings, Service Out of Jurisdiction, Submission to Jurisdiction
Insolvency Cross Border Insolvency Civil Procedure Retrospective Validation of Service Recognition of Foreign Insolvency Proceedings Service Out of Jurisdiction Submission to Jurisdiction

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Parties

Lau Yu (also known as Jaffe Lau)

Debtor

Patrick Cowley and Wong Wing Sze Tiffany (trustees in bankruptcy of the Debtor in Hong Kong)

Trustees

Procedural Posture

Appeal / Judgment on Appeal Against Recognition Order

Legal Issues

  1. 1 Whether the court has power under Schedule 2 to the Cross-Border Insolvency Regulations 2006 to retrospectively validate service of a recognition application outside England and Wales
  2. 2 Whether failure to obtain prospective directions for service constitutes an irregularity that can be waived
  3. 3 Whether the Debtor submitted to the jurisdiction by engaging with the merits of the application

Ratio Decidendi

The court has power under Schedule 2 to the Cross-Border Insolvency Regulations 2006, by virtue of CPR rule 6.15(2), to retrospectively validate service of a recognition application outside England and Wales, and the delivery of the application to the Debtor's home in Hong Kong constituted good service.

Court Disposition

Appeal dismissed

Orders

  • The appeal against the recognition order is dismissed.