Stocznia Gdanska SA v Latreefers Inc.

JurisdictionEngland & Wales
CourtCourt of Appeal (Civil Division)
JudgeMorritt,May L JJ,Wall J.
Judgment Date09 February 2000
Date09 February 2000

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70 cases
  • Barings (UK) Ltd v Galapagos S.A.
    • United Kingdom
    • Chancery Division
    • 30 June 2022
    ...s. 221 of the Insolvency Act 1986, it would have been necessary to consider the three conditions set out in (among others) Re Latreefers [2001] 2 BCLC 116 (CA), namely that (i) there must be a sufficient connection with England; (ii) there must be a reasonable possibility, if a winding up o......
  • SPV Osus Ltd v HSBC Institutional Trust Services (Ireland) Ltd
    • Ireland
    • Supreme Court
    • 31 July 2018
    ...save in wholly exceptional circumstances not present here.' 71 Stocznia Gdanska SA v. Latreefers Inc. [2000] All E.R. (D) 148, [2001] C.L.C. 1267 concerned a judgment obtained by a Polish shipyard (Stocznia) against a Liberian company (Latreefers) which had been incorporated for the purpose......
  • Tatiana Akhmedova v Farkhad Akhmedov
    • United Kingdom
    • Family Division
    • 12 June 2020
    ...itself, no reason for regarding the proceedings to which it relates or their conduct as an abuse [see paragraph 59 of Stocznia Gdanska SA v Latreefers Inc [2001] BCC 174]. 49 Third, Temur has not alleged that the Wife has been or is abusing the processes of the court. There is no suggestion......
  • Zagora Management Ltd & Others v Zurich Insurance Plc
    • United Kingdom
    • Queen's Bench Division (Technology and Construction Court)
    • 30 January 2019
    ...that any arrangement is champertous does not of itself mean that the underlying proceedings are an abuse of process: see Re Latreefers Inc [2001] BCC 174, 205–206.” 10.13 3 In my judgment there are a number of insuperable difficulties faced by ZIP in succeeding in this argument, which are a......
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2 books & journal articles
  • Insolvency Law
    • Singapore
    • Singapore Academy of Law Annual Review No. 2008, December 2008
    • 1 December 2008
    ...is respectfully suggested that the court should also have cited the leading English case of Stocznia Gdanska SA v Latreefers Inc (No 2)[2001] 2 BCLC 116 as it contains a useful exposition of the law in this area. In essence, the case helpfully traced the evolution of the case law in England......
  • Lessons from a cross-border insolvency in the Caribbean
    • Barbados
    • Caribbean Law Review No. 19-1/2, June 2009
    • 1 June 2009
    ...‘external companies’ i.e. bodies not formed under the law of the territory in question. 40 [1988] 1 Ch. 210. 41 [1991] BCLC 210. 42 [2001] 2 BCLC 116. 130 Caribbean Law Review the third requirement was considered in Stocznia v Latreefers. The court held that it did not, particularly since i......