Hughes and Others v Hannover Ruckversicherungs-Aktiengesellschaft
| Jurisdiction | England & Wales |
| Judgment Date | 28 January 1997 |
| Date | 28 January 1997 |
| Court | Court of Appeal (Civil Division) |
Court of Appeal
Before Lord Justice Roch, Lord Justice Morritt and Lord Justice Thorpe
Insolvency - inter-jurisdictional co-operation - assistance request
When faced with a request for assistance under section 426 of the Insolvency Act 1986 a court in England had available its own common law as well as the statutory insolvency law of England and Wales or of the requesting country. The court had to consider in accordance with those three sources of law whether the request might properly be granted and in cases where discretion was to be exercised the request could never be conclusive.
The Court of Appeal so stated in a reserved judgment when dismissing an appeal by Christopher Hughes, David Lines and Peter Mitchell against an order of Mr Justice Knox on April 3, 1996 declining to continue injunctive relief in respect of "any and all jurisdictions" outside England and Wales as sought in a letter of request from the Supreme Court of Bermuda.
The appellants were joint provisional liquidators of a company who wished to restrain proceedings against that company issued by Hannover Ruckversicherungs-Aktiengesellschaft.
Section 426 of the Insolvency Act 1986 provided: "(4) The courts having jurisdiction in relation to insolvency law in any part of the United Kingdom shall assist the courts having the corresponding jurisdiction in any other part of the United Kingdom or any relevant country or territory.
"(5) For the purposes of subsection (4) a request made to a court in any part of the United Kingdom by a court in any other part of the United Kingdom or in a relevant country is authority for the court to which the request is made to apply, in relation to any matters specified in the request, the insolvency law which is applicable by either court in relation to comparable matters falling within its jurisdiction.
"(10) In this section 'insolvency law' means - (a) in relation to England and Wales, provision made by or under this Act or sections 6 to 10, 12, 15, 19(c) and 20 (with Schedule 1) of the Company Directors Disqualification Act 1986 and extending to England and Wales…(d) in relation to any relevant country or territory, so much of the law of that country or territory as corresponds to provisions falling within any of the foregoing paragraphs."
Mr Gabriel Moss, QC and Miss Susan Prevezer for the appellants; Mr Martin Pascoe for Hannover.
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