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Insolvency Law

Expert guidance on all aspects of corporate and personal insolvency

10 JUN 2011

Re European Directories DH6 BV [2010] EWHC 3472 (Ch); [2011] BPIR 408

His Honour Judge Raynor QC (sitting as a High Court judge) made an administration order in respect of a company incorporated in the Netherlands, finding for the applicant on the following issues: (1) whether the company was a ‘company’ for the purposes of para 111(1A)(b) of Sch B1 to the Insolvency Act 1986; (2) whether the company had its centre of main interests (COMI) in England and Wales; (3) whether the company was unable to pay its debts; and (4) whether the administration order reasonably likely to achieve its stated purpose. In addition, it was stated that as a ‘pre-pack’ sale of assets was anticipated, the court was required to be satisfied that there had been compliance with SIP 16.

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