Premium
The Extra‐Territoriality of the Statutory Stay in an English Administration
Author(s) -
Anderson Hamish
Publication year - 2014
Publication title -
international insolvency review
Language(s) - English
Resource type - Journals
SCImago Journal Rank - 0.125
H-Index - 7
eISSN - 1099-1107
pISSN - 1180-0518
DOI - 10.1002/iir.1217
Subject(s) - territoriality , statutory law , administration (probate law) , scope (computer science) , law , political science , law and economics , connection (principal bundle) , business , sociology , computer science , engineering , communication , structural engineering , programming language
This article considers the extra‐territorial scope of the stay imposed in an English administration and argues that it should be treated by the English courts as applying without territorial limitation but that the courts should nonetheless grant leave to proceed in other jurisdictions in any case where there is no sufficient connection with England. It argues that this solution would be right in principle and that the court is not constrained from adopting such an approach by precedent. Copyright © 2014 INSOL International and John Wiley & Sons, Ltd