In re OT Computers v [2002] JRC 29 (31 January 2002)

In re OT Computers v [2002] JRC 29 (31 January 2002)

It is in the interests of creditors to request administration in England, as it would achieve a more advantageous realisation of assets and preserve employment, and the Royal Court has inherent jurisdiction to issue such a Letter of Request.

Citation
[2002] JRC 29
Parties
Applicant: OT Computers Limited; Prospective Purchaser: Time Group Ltd
Jurisdiction
Jersey
Judgment Date
31 January 2002
Procedural Posture
Representation / Application for Letter of Request
Outcome
Letter of Request granted
Legal Topics
Administration Order, Cross Border Insolvency, Winding Up, Désastre
Insolvency Company Law Administration Order Cross Border Insolvency Winding Up Désastre

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Parties

OT Computers Limited

Applicant

Time Group Ltd

Prospective Purchaser

Procedural Posture

Representation / Application for Letter of Request

Legal Issues

  1. 1 Whether the Royal Court of Jersey has inherent jurisdiction to issue a Letter of Request to the English High Court for administration of a Jersey company
  2. 2 Whether administration in England would achieve a more advantageous realisation of assets than winding up or désastre in Jersey

Ratio Decidendi

It is in the interests of creditors to request administration in England, as it would achieve a more advantageous realisation of assets and preserve employment, and the Royal Court has inherent jurisdiction to issue such a Letter of Request.

Court Disposition

Letter of Request granted

Orders

  • Paragraphs A to D and F of the prayer of the representation granted
  • Letter of Request to issue in terms approved by the Court