The Business Law Reports
[2023] Bus LR 260
Court of Appeal
In re
Melars Group Ltd
Melars Group Ltd (in liquidation)
v
East-West Logistics LLP
[2022] EWCA Civ 1419
2022 July 6;Oct 28
Lewison, Snowden, Henderson LJJ
Conflict of laws— Jurisdiction under European Union Regulation— Insolvency— Company claiming Malta centre of its main interests and therefore Maltese courts having jurisdiction to open insolvency proceedings— English High Court finding company’s registered office in Malta mere letter box— Effect of finding on presumption that company’s centre of its main interests in member state where registered office situated— Whether ascertainability of centre to be conducted from perspective of typical third party creditor— Whether impermissible to take account of factors not in public domain—
Parliament and Council Regulation (EU) No 2015/848, art 3(1)
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