BANK LEUMI (UK) PLC, PETITION OF, FOR THE MAKING OF AN ADMINISTRATION ORDER UNDER AND IN TERMS OF THE INSOLVENCY ACT 1986 IN RESPECT OF SCREW CONVEYOR LIMITED (Rev 2) [2017] ScotCS CSOH_129 (19 October 2017)

BANK LEUMI (UK) PLC, PETITION OF, FOR THE MAKING OF AN ADMINISTRATION ORDER UNDER AND IN TERMS OF THE INSOLVENCY ACT 1986 IN RESPECT OF SCREW CONVEYOR LIMITED (Rev 2) [2017] ScotCS CSOH_129 (19 October 2017)

The Court of Session does not have jurisdiction to make an administration order for a company incorporated in England and Wales, even if its alleged COMI is in Scotland, because the EU Regulation only determines international jurisdiction and does not alter domestic rules for territorial jurisdiction within the UK. Section 120(6) of the Insolvency Act 1986 does not incorporate the COMI test for intra-UK jurisdiction.

Citation
[2017] ScotCS CSOH_129
Parties
Petitioner: Bank Leumi (UK) PLC; Respondent: Screw Conveyor Limited
Jurisdiction
Scotland
Judgment Date
19 October 2017
Procedural Posture
Petition for Administration Order / Final Judgment
Outcome
petition dismissed
Legal Topics
Administration Order, Jurisdiction, Cross Border Insolvency, Interpretation of EU Regulation 2015/848, Insolvency Act 1986
Insolvency Law Company Law Private International Law Administration Order Jurisdiction Cross Border Insolvency Interpretation of EU Regulation 2015/848 Insolvency Act 1986

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Parties

Bank Leumi (UK) PLC

Petitioner

Screw Conveyor Limited

Respondent

Procedural Posture

Petition for Administration Order / Final Judgment

Legal Issues

  1. 1 Whether the Scottish Court of Session has jurisdiction to make an administration order in respect of a company incorporated in England and Wales but alleged to have its centre of main interests (COMI) in Scotland under the Insolvency Act 1986 and EU Regulation 2015/848.

Ratio Decidendi

The Court of Session does not have jurisdiction to make an administration order for a company incorporated in England and Wales, even if its alleged COMI is in Scotland, because the EU Regulation only determines international jurisdiction and does not alter domestic rules for territorial jurisdiction within the UK. Section 120(6) of the Insolvency Act 1986 does not incorporate the COMI test for intra-UK jurisdiction.

Court Disposition

petition dismissed

Orders

  • Petition for administration order dismissed for lack of jurisdiction.
  • Interim orders recalled.