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In this briefing, Miranda Campbell, a solicitor in the LexisPSL Banking & Finance team, looks at the case of Thomas and another v Frogmore Real Estate Partners  EWHC 25 (Ch) which provides guidance on when the presumption that a company’s centre of main interests (COMI) is located in the same place as its registered office can be rebutted. It is also now the leading case on the construction and application of paragraph 81 of Schedule B1 to the Insolvency Act 1986 (IA 1986), which gives the court the ability to terminate an administration if the appointor had an improper motive. The briefing also reviews the case of Commerzbank v Liquimar Tankers  EWHC 161 Comm which considered whether asymmetric jurisdiction clauses constitute exclusive jurisdiction clauses for the purposes of Brussels I (recast).
Click here to read the briefing.
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Miranda is a solicitor specialising in leveraged and acquisition finance. She trained at Hogan Lovells International LLP and qualified into the international banking and finance team. During her time at Hogan Lovells she worked on a variety of domestic and cross-border transactions, acting for both borrowers and lenders. She also experienced secondments to Barclays Bank PLC and Kaupthing Bank hf.
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