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ARTICLE · 07 JULY 2021

Insolvency Insight - Issue 2 | June 2021

Quadrant Chambers
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Welcome to the second edition of the insolvency insight bulletin from the insolvency specialists at Quadrant Chambers.

United KingdomInsolvency/Bankruptcy/Re-Structuring
Joseph England
Joseph England

OVERVIEW

Welcome to the second edition of the insolvency insight bulletin from the insolvency specialists at Quadrant Chambers. All cases link to the relevant judgments.  

Author: Joseph England

Editors: Nicola Allsop and Emily Saunderson

Case Law

  • Melars Group Ltd v East-West Logistics LLP [2021] EWHC 1523 (Ch) – Former Chief ICC Judge Baister decided that the registered address of the debtor in Malta was a letterbox arrangement and that its COMI was England for the purposes of the Recast Insolvency Regulation. However, Miles J reversed this finding, holding its COMI to be Malta. It held inter alia that the ICC Judge had not sufficiently distinguished between the place where the company's interests were administered (which was relevant to COMI) and the conduct of its operations (which was irrelevant for COMI). Although, post-Brexit, such cases about COMI may be less common.

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