Representation of RTI Limited re Pirie and Roberts 4-Sept-2025 (Royal Court : Hearing (Civil) : Thompson : Companies) [2025] JRC 221 (4 September 2025)

Representation of RTI Limited re Pirie and Roberts 4-Sept-2025 (Royal Court : Hearing (Civil) : Thompson : Companies) [2025] JRC 221 (4 September 2025)

The Royal Court possesses and should exercise its inherent jurisdiction to issue a Letter of Request to the English High Court to assist the Provisional Liquidators in the discharge of their functions, as it is necessary for asset preservation, information gathering, and recognition of their appointment, and the procedures in both jurisdictions are analogous.

Citation
[2025] JRC 221
Parties
Provisional Liquidator (applicant): James Pirie; Provisional Liquidator (applicant): Alan Roberts; Company (subject of Liquidation): RTI Limited
Jurisdiction
Jersey
Judgment Date
04 September 2025
Procedural Posture
Insolvency / Provisional Liquidation / Application for Issuance of Letter of Request to English High Court
Outcome
Application granted
Legal Topics
Provisional Liquidation, Letter of Request, Court's Inherent Jurisdiction, Recognition of Foreign Insolvency Proceedings, Asset Preservation
Insolvency Cross Border Insolvency Company Law Provisional Liquidation Letter of Request Court's Inherent Jurisdiction Recognition of Foreign Insolvency Proceedings Asset Preservation

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Parties

James Pirie

Provisional Liquidator (applicant)

Alan Roberts

Provisional Liquidator (applicant)

RTI Limited

Company (subject of Liquidation)

Procedural Posture

Insolvency / Provisional Liquidation / Application for Issuance of Letter of Request to English High Court

Legal Issues

  1. 1 Does the Royal Court have inherent jurisdiction to issue a Letter of Request to a foreign court in support of provisional liquidators?
  2. 2 Should the Court exercise its discretion to issue such a Letter of Request in this case?

Ratio Decidendi

The Royal Court possesses and should exercise its inherent jurisdiction to issue a Letter of Request to the English High Court to assist the Provisional Liquidators in the discharge of their functions, as it is necessary for asset preservation, information gathering, and recognition of their appointment, and the procedures in both jurisdictions are analogous.

Court Disposition

Application granted

Orders

  • Letter of Request to the High Court of Justice of England and Wales approved and issued as modified by the Court.
  • Provisional Liquidators granted liberty to apply for further directions from the Royal Court.