Thursday, 28 June 2012

Law Report, basis for ordering Letter of Request in winding up proceedings

In In the Matter of Sea Containers Ltd [2012] SC (Bda) 26 Com (10 May 2012), concerning the winding up of a company, counsel for the liquidators sought an Order for a Letter of Request to the English High Court to determine certain questions of English law of relevance in the matter.

Kawaley CJ held that the basis for making the Order was s.175(1)(a) of the Companies Act 1981, empowering a liquidator to bring any legal proceeding on behalf of or in the name of the company. The court's decision on whether or not a particular issue should be decided by a foreign court will be determined by essentially pragmatic "case management" considerations, taking into account which is the most appropriate or convenient forum.

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