Polly Peck International Plc, Re (Nos. 1, 2, 3, 4, 5)
| Jurisdiction | England & Wales |
| Judgment Date | 29 November 1996 |
| Date | 29 November 1996 |
| Court | Chancery Division |
Before Mr Justice Rattee
Chancery Division
Trespass to property - northern Cyprus - jurisdiction
The English court had jurisdiction to hear an action against a company which was in administration, based on allegations that the company's subsidiaries had trespassed on the applicants' property in northern Cyprus which had been seized during the Turkish invasion.
Although an action for trespass to property necessarily involved establishing title to or possession of the property, it could not be said to be principally concerned with those questions and therefore the court was entitled under section 30(1) of the Civil Jurisdiction and Judgments Act 1982 to entertain the proceedings even though the property was situated outside the jurisdiction.
Mr Justice Rattee so held in the Chancery Division when granting the applicants, Marangos Hotel Co Ltd, Pharos Estates Ltd, Agricultural Products Co-operative Marketing Union (Sedigep) Ltd and Cyprus Ports Authority, leave to commence proceedings against the respondents, Mr Richard Anthony Stone, Mr Michael Anthony Jordan, Mr Christopher Morris, Mr Christopher John Barlow, Polly Peck International plc and Mr Ian Bond.
Miss Barbara Dohmann, QC, Mr Ian Brownlie, QC, Mr Thomas Beazley and Mr Lawrence Collins, solicitor, for the applicants; Mr Michael Crystal, QC and Mr William Trower for the respondents.
MR JUSTICE RATTEE said that the application was the latest in a long line of litigation arising from the collapse of Polly Peck International plc which was in administration pursuant to orders made by the court.
The four applicants sought leave under section 11 of the Insolvency Act 1986 to bring proceedings against Polly Peck, its administrators and the scheme supervisors of a scheme of arrangement which had been approved by the court under section 425 of the Companies Act 1985.
Under section 11(3) of the 1986 Act the court's consent had to be obtained before proceedings could be commenced against a company during the period for which an administration order was in force.
The first and second applicants were companies incorporated in the Republic of Cyprus. The third applicant was a cooperative society with limited liability and the fourth applicant was described as a state body of the republic.
The applicants' claims related to land which they had owned in the area which was occupied after the invasion by Turkey in...
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