LFC Horkstow Ltd v Wallis (Re Nicholas Wallis and the Insolvency Act 1986) [2023] EWHC 2205 (Ch) (07 September 2023)

The petitioner failed to establish that the debtor's centre of main interest (COMI) was in England and Wales at the relevant time; evidence showed habitual residence in France and insufficient business activity in England and Wales. Accordingly, the court lacked jurisdiction and the petition must be dismissed.

Citation: [2023] EWHC 2205 (Ch)
Parties: Petitioner: LFC Horkstow Ltd; Respondent: Nicholas Wallis
Jurisdiction: England and Wales
Judgment Date: 07 September 2023
Procedural Posture: Bankruptcy Petition / Final Hearing
Outcome: petition dismissed
Legal Topics: Centre of Main Interest (comi), Service of Statutory Demand, Jurisdiction, Consumer Credit Act 1974, Limitation Period

Insolvency Bankruptcy Centre of Main Interest (comi) Service of Statutory Demand Jurisdiction Consumer Credit Act 1974 Limitation Period

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Parties

LFC Horkstow Ltd

Petitioner

Nicholas Wallis

Respondent

Procedural Posture

Bankruptcy Petition / Final Hearing

Legal Issues

1 Whether the debtor's centre of main interest (COMI) was in England and Wales at the time of the petition
2 Whether service of the statutory demand was properly effected
3 Whether the debt is enforceable under the Consumer Credit Act 1974

Ratio Decidendi

Court Disposition

petition dismissed

Orders

Bankruptcy petition dismissed on jurisdictional grounds; no order as to costs specified.