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Insolvency Law

Expert guidance on all aspects of corporate and personal insolvency

01 NOV 2011

Schmitt v Deichmann and Others [2011] EWHC 294 (Ch), [2011] BPIR 1163, (Sales J, 9 February 2011)

At a without notice hearing ([2008] BPIR 1082) Mr Registrar Jaques, under the common law, recognised S as the insolvency administrator under German Law of a company and ordered that S be empowered to exercise all powers in that capacity under English law. S brought proceedings against D under s 423 of the Insolvency Act 1986. D challenged the common law jurisdiction being used as the basis for conferring on S the powers of an insolvency practitioner under English law.


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