18 St John Street’s Oliver Caplan successfully opposed the above appeal alongside Daniel Lightman KC of Serle Court.
The appeal concerned a petition to wind up a liquidated sub-fund of an investment fund located in Luxembourg as an unregistered company for the purposes of sections 220 and 221 of the Insolvency Act 1986. Permission to appeal to the Court of Appeal was granted by Lady Justice Aplin following trial before Deputy ICC Judge Kyriakides [2024] EWHC 1069 (Ch) and first instance Appeal before Richard Smith J [2024] EWHC 2845 (Ch).
Lord Justice Snowden, delivering the lead Judgment, approved the lower courts’ decisions and found the entity in question not to comprise an association which Parliament could have intended should be wound up by the Court under the 1986 Act (as was the Appellant’s case) (para 66). Accordingly, the appeal was dismissed.
Many thanks to Ben Gold, Caroline Shiffner and Sarah Herniman of RPC for their instruction.
To read more of the judgement please click here or see below.
For more information, please contact Senior Civil Clerk Katie Brown on 0161 278 1800 or contact the clerking team by email.