Metlife -v- Dalton Airfield Estate [2012] JRC 192 (17 October 2012)

Metlife -v- Dalton Airfield Estate [2012] JRC 192 (17 October 2012)

The Royal Court of Jersey has jurisdiction to issue a letter of request to the Court of Session in Scotland for the appointment of administrators over Dalton, as Dalton is insolvent, the Court of Session has corresponding jurisdiction under section 426 of the UK Insolvency Act 1986, and administration is in the interests of creditors. The absence of priority creditors under Jersey law and the lack of objection from the Viscount justified issuing the letter without the usual caveat regarding creditor priority.

Citation
[2012] JRC 192
Parties
Representor: Metlife; Respondent: Dalton
Jurisdiction
Jersey
Judgment Date
17 October 2012
Procedural Posture
Application for Letter of Request in Insolvency Proceedings / Application Granted by the Royal Court of Jersey
Outcome
Application granted
Legal Topics
Administration Order, Letter of Request, Jurisdiction, Priority of Creditors
Insolvency Cross Border Insolvency Company Law Administration Order Letter of Request Jurisdiction Priority of Creditors

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Parties

Metlife

Representor

Dalton

Respondent

Procedural Posture

Application for Letter of Request in Insolvency Proceedings / Application Granted by the Royal Court of Jersey

Legal Issues

  1. 1 Whether the Royal Court of Jersey should issue a letter of request to the Court of Session in Scotland to place Dalton into administration under the UK Insolvency Act 1986
  2. 2 Whether the Court of Session has jurisdiction to act on such a request
  3. 3 Whether it is in the interests of creditors for an administration order to be made

Ratio Decidendi

The Royal Court of Jersey has jurisdiction to issue a letter of request to the Court of Session in Scotland for the appointment of administrators over Dalton, as Dalton is insolvent, the Court of Session has corresponding jurisdiction under section 426 of the UK Insolvency Act 1986, and administration is in the interests of creditors. The absence of priority creditors under Jersey law and the lack of objection from the Viscount justified issuing the letter without the usual caveat regarding creditor priority.

Court Disposition

Application granted

Orders

  • Letter of request to the Court of Session in Scotland to consider the appointment of administrators over Dalton issued without the usual caveat regarding Jersey creditor priority.