- High Court clarifies the right approach to determining a company’s centre of main interests in the context of pre-Brexit corporate insolvency (Melars Group Ltd v East-West Logisitics LLP)
- What are the practical implications of this case?
- What was the background?
- What did the court decide?
- Case details
Restructuring & Insolvency analysis: On appeal, Mr Justice Miles held that the court applied the wrong test in ascertaining a company’s centre of main interests (COMI) and set aside the earlier winding up order. Having concluded that the approach taken at first instance had been incorrect, the High Court assessed the evidence and determined that the statutory presumption that the company’s COMI was in the place of its registration (in this case, Malta) was not rebutted by objective facts that would have been ascertainable to a typical third party creditor. Accordingly, the winding up order was set aside. Written by Darragh Connell, an insolvency and commercial barrister at Forum Chambers.
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