Cross-Border Insolvency

Cross Border Insolvency, 4th edition provides a comprehensive and up to date consideration of the topic of cross border insolvency. Written in a clear and accessible manner it guides the user seamlessly through this complex area of law. The coverage of the book is divided into two parts. The first part describes the key cross-border insolvency regimes including the EC Insolvency Regulation, the UNCITRAL Model Law on Cross-Border Insolvency, section 426 of the Insolvency Act 1986, and the common law. The second part focuses on specific issues in more detail, such as the court's insolvency jurisdiction, ancillary winding-up, enforcement of foreign insolvency judgments, foreign discharge of debts and insolvency set-off. The fourth edition gives full analysis of the fundamental changes to cross border insolvency law and practice in England including: The impact of the Supreme Court decision in Rubin v Eurofinance; The revised UK Insolvency Rules; Proposals for revision of the EC Insolvency Regulation; Scope of section 426 - HSBC v Tambrook Jersey; Developments in offshore jurisdictions: Primeo Fund and Saad Investments (Cayman), Re C (BVI); Kelmsley v Barclays Bank PLC. Contents: Chapter 1: Introduction Chapter 2: The Insolvency Regulation Chapter 3: The UNCITRAL Model Law Chapter 4: Assistance Pursuant to Section 426 of the Insolvency Act 1986 Chapter 5: Jurisdiction for Companies: Winding Up, Administration, CVAs and Schemes of Arrangement Chapter 6: Recognition of Foreign Corporate Insolvency Proceedings at Common Law Chapter 7: Ancillary Winding Up Chapter 8: Jurisdiction for Individuals: Bankruptcy, Debt Relief Orders and IVAs Chapter 9: Recognition of Foreign Bankruptcies at Common Law Chapter 10: Consequences of Recognition at Common Law Chapter 11: Bars to Common Law Recognition Chapter 12: Enforcement of Judgments and Orders Made in Foreign Insolvency Proceedings Chapter 13: Discharge of Debts by Foreign Insolvency Proceedings Chapter 14: Common Law Protection for an English Insolvency Proceeding Chapter 15: Priorities and Set-Off Previous print edition ISBN: 9781845921040