← All Authorities
United Kingdom Leading Case cross border insolvency

Re HIH Casualty and General Insurance Ltd

[2008] UKHL 21
JurisdictionUnited Kingdom
CourtUK House of Lords
Year2008
StatusBinding authority

Summary

English court may remit assets to foreign liquidator under modified universalism, provided local creditors receive treatment no less favourable than in English winding up.

Key Principle

The principle of modified universalism: an English court may remit assets to a foreign liquidator under the common law, subject to the proviso that local creditors receive at least as favourable treatment as they would in an English winding up.

Area of Law

insolvency

Related Cases

Stubbings v Jams 2 International Pty Ltd (2022) 399 ALR 409

In unfair preference claims, payments and supplies within a continuing business relationship are assessed as a whole under the running account principle, not individually.

Stubbings v Jams 2 Pty Ltd (2022) 276 CLR 233

HCA held that a creditor's statutory demand under s.459E Corporations Act cannot be set aside merely because the company disputes the debt; a genuine dispute on substantial grounds must be shown.

Vince v ASIC [2021] FCAFC 69

Director disqualification upheld where director failed to maintain adequate books and records, constituting misconduct in management of insolvent company.

Ask CommonBench about this case

Get a detailed analysis of Re HIH Casualty and General Insurance Ltd and how it applies to your situation.

Explain Re HIH Casualty and General In...