- Where is COMI and when can the administration be terminated due to improper motive? (Thomas and another v Frogmore Real Estate Partners)
- Original news
- What was the background to the application?
- What were the legal issues the judge had to decide in this application?
- What were the main legal arguments put forward?
- What did the judge decide, and why?
- To what extent is the judgment helpful in clarifying the law in this area?
- What practical lessons can those advising take away from this case?
Restructuring & Insolvency analysis: Richard Perkoff, barrister at Littleton Chambers, who acted for the applicant administrators, considers the decision in Thomas and another v Frogmore Real Estate Partners which is now the leading case on the construction and application of paragraph 81 of Schedule B1 to the Insolvency Act 1986 (IA 1986).
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