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Insolvency Law

Expert guidance on all aspects of corporate and personal insolvency

12 JUL 2013

Kemsley v (1) Barclays Bank plc (2) Fry (3) Provan [2013] EWHC 1274 (Ch)

(Chancery Division, Roth J, 15 May 2013)

After his property empire collapsed, K moved to Florida. K was made bankrupt on his own petition, and trustees in bankruptcy were appointed. A bank commenced proceedings in New York in respect of loans to K and also issued proceedings there to avoid allegedly fraudulent transfers of K's Florida property. K sought anti-suit injunctions in respect of those two sets of proceedings, asserting that the bank had brought them to obtain an unfair advantage over his other creditors. Roth J dismissed the application. The bank had given an undertaking to make available any proceeds of the litigation to the trustees. Further, since it was arguable that K's centre of main interests was in the US, it would be unfair to prevent the US courts determining the issues in those proceedings.

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