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United Kingdom
annulmentjurisdiction
JSC Bank of Moscow v Kekhman
[2015] EWHC 3073 (Comm)
Key Principle
On an application to annul a bankruptcy order under section 282 of the Insolvency Act 1986 (and in determining whether an English court should make a bankruptcy order on a foreign debtor's own petition), the court asks whether the order ought not to have been made because the debtor lacked a sufficiently close connection with England, there was no reasonable prospect of benefit to creditors, or no interested person was within the court's jurisdiction; only if such a defect is shown does the discretion to annul arise.
Area of Law
General
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