Re Nortel Networks SA & Ors [2009] EWHC 206 (Ch) (11 February 2009)

Re Nortel Networks SA & Ors [2009] EWHC 206 (Ch) (11 February 2009)

It is desirable and within the court's jurisdiction to issue letters of request to foreign courts to ensure the Joint Administrators are notified and heard before any secondary insolvency proceedings are opened, as this supports the effective reorganisation of the Nortel Group and maximises value for creditors.

Citation
[2009] EWHC 206 (Ch)
Parties
Applicant: Nortel Networks SA; Applicant: Nortel GmbH; Applicant: Nortel Networks NV; Applicant: Nortel Networks S. P. A; Applicant: Nortel Networks BV; Applicant: Nortel Networks Polska Sp. z. o. o; Applicant: Nortel Networks Hispania SA; Applicant: Nortel Networks International Finance & Holdings BV; Applicant: Nortel Networks (Austria) GmbH; Applicant: Nortel Networks SRO; Applicant: Nortel Networks Engineering Service KFT; Applicant: Nortel Networks Portugal SA; Applicant: Nortel Networks Slovensko; Applicant: Nortel Networks France SAS; Applicant: Nortel Networks OY; Applicant: Nortel Networks Romania SRL; Applicant: Nortel Networks AB; Applicant: Nortel Networks (Ireland) Limited
Jurisdiction
England and Wales
Judgment Date
11 February 2009
Procedural Posture
Insolvency Application / Application for Letters of Request to Foreign Courts
Outcome
application granted
Legal Topics
EC Regulation on Insolvency Proceedings, Secondary Insolvency Proceedings, Administration, Cooperation Between Courts, Letters of Request
Insolvency Cross Border Insolvency Company Law EC Regulation on Insolvency Proceedings Secondary Insolvency Proceedings Administration Cooperation Between Courts Letters of Request

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Parties

Nortel Networks SA

Applicant

Nortel GmbH

Applicant

Nortel Networks NV

Applicant

Nortel Networks S. P. A

Applicant

Nortel Networks BV

Applicant

Nortel Networks Polska Sp. z. o. o

Applicant

Nortel Networks Hispania SA

Applicant

Nortel Networks International Finance & Holdings BV

Applicant

Nortel Networks (Austria) GmbH

Applicant

Nortel Networks SRO

Applicant

Nortel Networks Engineering Service KFT

Applicant

Nortel Networks Portugal SA

Applicant

Nortel Networks Slovensko

Applicant

Nortel Networks France SAS

Applicant

Nortel Networks OY

Applicant

Nortel Networks Romania SRL

Applicant

Nortel Networks AB

Applicant

Nortel Networks (Ireland) Limited

Applicant

Procedural Posture

Insolvency Application / Application for Letters of Request to Foreign Courts

Legal Issues

  1. 1 Whether the court should issue letters of request to foreign courts seeking notice and opportunity to be heard before opening secondary insolvency proceedings against the applicant companies.

Ratio Decidendi

It is desirable and within the court's jurisdiction to issue letters of request to foreign courts to ensure the Joint Administrators are notified and heard before any secondary insolvency proceedings are opened, as this supports the effective reorganisation of the Nortel Group and maximises value for creditors.

Court Disposition

application granted

Orders

  • Authorisation to send letters of request to specified foreign courts seeking notice and opportunity to be heard for Joint Administrators before opening secondary insolvency proceedings.