- To be heard in England or not to be—is jurisdiction governed by the Insolvency Regulation or Brussels I (Recast)? (ING Bank v Banco Santander)
- What are the practical implications of this case?
- What was the background?
- What did the court decide?
- Case details
Restructuring & Insolvency analysis: This was an application by the defendant, Santander, seeking a declaration that the English court did not have jurisdiction to hear the claim issued by the claimants, a syndicate of lenders, in respect of unpaid interest. The High Court had to consider whether the claim, and the jurisdiction to hear it, was governed by Regulation (EC) 1346/2000 on insolvency proceedings (the Insolvency Regulation), or Regulation (EU) 1215/2012, Brussels I (recast). The court found that the Insolvency Regulation applied, and the English court did not have jurisdiction. Written by Roseanna Darcy, barrister at South Square.
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