Khaleefa Butti Omair Yousif Almuhairi & Anor, Re

Khaleefa Butti Omair Yousif Almuhairi & Anor, Re

The Abu Dhabi bankruptcies meet the statutory definition of foreign main proceedings under the CBIR, the applicants are foreign representatives, and the court is obliged to grant recognition and relief as sought.

Parties
Applicant: Paul Leggatt; Applicant: David Stark; Applicant: Salem Mohammed Ballama Al Tamimi; Debtor: Khaleefa Butti Omair Yousif Almuhairi; Debtor: His Excellency Saeed Mohamed Butti Khalfan Alqebaisi
Jurisdiction
England and Wales
Judgment Date
03 December 2024
Procedural Posture
Insolvency Recognition Application / Judgment
Outcome
application granted
Legal Topics
Recognition of Foreign Proceedings, Automatic Stay, Restructuring Plan
Insolvency Cross Border Insolvency Recognition of Foreign Proceedings Automatic Stay Restructuring Plan

Case Brief

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Parties

Paul Leggatt

Applicant

David Stark

Applicant

Salem Mohammed Ballama Al Tamimi

Applicant

Khaleefa Butti Omair Yousif Almuhairi

Debtor

His Excellency Saeed Mohamed Butti Khalfan Alqebaisi

Debtor

Procedural Posture

Insolvency Recognition Application / Judgment

Legal Issues

  1. 1 Whether the Abu Dhabi bankruptcies qualify as 'foreign main proceedings' under the CBIR
  2. 2 Whether the applicants are 'foreign representatives' for purposes of recognition
  3. 3 Whether the court is obliged to grant recognition and relief under CBIR

Ratio Decidendi

The Abu Dhabi bankruptcies meet the statutory definition of foreign main proceedings under the CBIR, the applicants are foreign representatives, and the court is obliged to grant recognition and relief as sought.

Court Disposition

application granted

Orders

  • Recognition of Abu Dhabi bankruptcies as foreign main proceedings under CBIR
  • Automatic stay on execution against debtors' assets in the UK