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Insolvency Law

Expert guidance on all aspects of corporate and personal insolvency

19 DEC 2013

O’Donnell and O’Donnell v the Governor and Company of the Bank of Ireland [2013] EWCA Civ 956

(Court of Appeal, The Chancellor, 26 June 2013)

Mr and Mrs O'Donnell appealed to the Court of Appeal against orders made by Newey J on 21 December 2012 and 16 March 2013 whereby he dismissed bankruptcy petitions which the O'Donnells had presented to the English Courts on the grounds that their COMI for the purposes of the Insolvency Regulation (1346/2000) was in Ireland, and then refused to vary that order in the light of new evidence adduced by the O'Donnells. Rimer LJ declined to grant permission to appeal on paper. The O'Donnells renewed their application for permission orally before the Chancellor. They relied upon numerous grounds of appeal, including that Newey J had made errors of law and fact in his judgment. The Chancellor rejected all of the arguments put forward by the O'Donnells. He concluded that Newey J had adopted an entirely conventional approach to the law in relation to COMI, and that there was no basis for referring any questions to the CJEU, as the O'Donnells had requested. Permission to appeal was not granted.

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