Representation of The Governor and company of the bank of Ireland [2009] JRC 126 (23 June 2009)

Representation of The Governor and company of the bank of Ireland [2009] JRC 126 (23 June 2009)

It is in the interest of the creditors to request that the companies be placed in administration by the English court pursuant to the Insolvency Act 1986, with protection for Jersey priority creditors.

Citation
[2009] JRC 126
Parties
Major Creditor: Representor; Fixed Charge Receivers: Jane Moriarty and Myles Halley; Debtors: the companies; Jersey Creditor: Controller of Income Tax; Company Representative: Capita Fiduciary Group; Jersey Creditor: Mr Brawm of BDO
Jurisdiction
Jersey
Judgment Date
23 June 2009
Procedural Posture
Application for Letter of Request for Administration Order / Judgment on Application
Outcome
application granted
Legal Topics
Administration Order, Letter of Request, Priority of Creditors
Insolvency Cross Border Insolvency Administration Order Letter of Request Priority of Creditors

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 2 Authorities cited 3 Party arguments 2 Amounts and remedies 6
Sign in to unlock

Parties

Representor

Major Creditor

Jane Moriarty and Myles Halley

Fixed Charge Receivers

the companies

Debtors

Controller of Income Tax

Jersey Creditor

Capita Fiduciary Group

Company Representative

Mr Brawm of BDO

Jersey Creditor

Procedural Posture

Application for Letter of Request for Administration Order / Judgment on Application

Legal Issues

  1. 1 Whether the Court should issue a Letter of Request to the High Court of Justice of England and Wales for administration orders in respect of Jersey companies
  2. 2 Whether Jersey priority creditors will be protected in the English administration

Ratio Decidendi

It is in the interest of the creditors to request that the companies be placed in administration by the English court pursuant to the Insolvency Act 1986, with protection for Jersey priority creditors.

Court Disposition

application granted

Orders

  • Letter of Request to the High Court of Justice of England and Wales approved and to be issued as drafted