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Lifting Automatic Stays under Cross-Border Insolvency Regulations - Joseph England

OVERVIEW

Ronelp Marine Ltd & Others v STX Offshore & Shipbuilding Co. Ltd [2016] EWHC 2228 (Ch) is an example of the Court lifting the automatic stay on proceedings under the Cross-Border Insolvency Regulations 2006 (‘CBIR’), and allowing an English Commercial Court action, i.e. an unsecured claim, to continue on the basis of exceptional factors. 

Joseph England outlines the repercussions of the above decision in a case review which was originally published in Volume 14, Issue 3 of International Corporate Rescue and which is available to read here with the kind permissions of the publishers, Chase Cambria. 

Please click on the link below to view the full article.

Joe England practises in a wide range of commercial disputes.

Joe began his legal career qualifying as a solicitor at Allen & Overy LLP before transferring to the Bar, where Joe spent the first year of his practice as the Judicial Assistant to Lord Sumption and Lord Wilson at the Supreme Court. He soon returned as counsel to the Supreme Court in Bank of Cyprus UK Limited v Menelaou [2015] UKSC 66, a case which has been the subject of much academic and judicial debate.

Since starting practice in August 2013, Joe has also been engaged, on a near full-time basis, in a major ICC oil and gas arbitration in London and Geneva, and substantial related litigations, working and appearing with legal teams in Poland, The Netherlands, Ireland, Curaçao, Scotland, the US, London and Switzerland.

Click to view Joe's full profile.