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United Kingdom annulmentjurisdiction

JSC Bank of Moscow v Kekhman

[2015] EWHC 3073 (Comm)
JurisdictionUnited Kingdom
CourtHigh Court (Commercial Court)
Year2015
StatusPersuasive authority

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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