Comity

Comity definition

/ˈkɒmɪti/

What does Comity mean?

A common law concept by which one jurisdiction will recognise the validity and effect of another’s orders and acts, provided they are not (i) contrary to public policy, contravening fundamental standards of procedural fairness (iii) based on fraud/unfairness (iv) giving effect to foreign penal laws (eg the US Securities Exchange Act 1934 had civil and criminal sanctions and its purpose was to prevent and punish specific acts and omissions) (Schemmer v Property Resources).

Comity explained

In practice, it will only be used as a last resort in England where the following do not apply to assist a foreign office-holder making an inbound request for help from English courts: (i) Recast Regulation on Insolvency, Regulation (EU) 848/2015 (ii) the UNCITRAL Model Law as implemented by the Cross-Border Insolvency Regulations 2006 (CBIR), SI 2006/1030 or (iii) section 426 of the Insolvency Act 1986 (IA 1986).

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