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ARTICLE · 11 JULY 2023

Modified Universalism And Comity Among Nations

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In the 1990s, English common law, and the jurisdictions inspired and influenced by it, were at the forefront of promoting the concept of what is widely referred...

United StatesInsolvency/Bankruptcy/Re-Structuring
Lindsey Olson Collins
Lindsey Olson Collins
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In the 1990s, English common law, and the jurisdictions inspired and influenced by it, were at the forefront of promoting the concept of what is widely referred to as "modified universalism" in insolvency and restructuring law. British judges were well placed to influence the trajectory of common law through the jurisdiction of the Judicial Committee of the Privy Council (hereinafter referred to simply as the "Privy Council") — the tribunal of last resort for a number of Commonwealth jurisdictions — and the normative effect of their judgments through the wider corpus of common law jurisdictions.

Lord Hoffmann

Lord Leonard "Lennie" Hoffmann, a member of the House of Lords (precursor to the Supreme Court) and the Privy Council, was responsible for several judgments and decisions that shaped this area of the law. Perhaps his commitment to comity and universality reached its apogee in two decisions, one in which Lord Hoffmann delivered the judgment on behalf of the

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