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The Extra‐Territoriality of the Statutory Stay in an English Administration – Revisited
Author(s) -
Anderson Hamish
Publication year - 2015
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.1237
Subject(s) - territoriality , statutory law , administration (probate law) , scope (computer science) , law , judgement , political science , sociology , computer science , communication , programming language
Abstract This note is written by way of an addendum to the author's article on the extra‐territorial scope of the stay imposed in an English administration which was published in this journal last year.[Note 1. The Extra‐Territoriality of the Statutory Stay in an English ...] In that article, it was argued that the stay imposed in an English administration 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. The purpose of this note is to reconsider the issue in the light of the decision of the Privy Council in Stichting Shell Pensioenfonds v Krys [Note 2. [2015] AC 616 (PC). ...] on anti‐suit injunctions, where judgement was given some months after publication of the original article. It is suggested that the decision in Shell as to the circumstances in which an anti‐suit injunction will be granted has significantly narrowed the issue but that extra‐territoriality would nonetheless still be a desirable development.