Podcast Location:
Download it here [file size: 26.6 MB]
Part of:
Cross Border Insolvency CPD Training Bundle
Categories:
Insolvency & Restructuring
CPD Points:
Up to 1 point. details »

Due to the difference in guidelines between the SRA and the Bar Standards Board, CPD points are awarded differently for Solicitors, Barristers and Legal Executives:

Regulated by the Solicitors Regulation Authority:
Listen and pass the quiz: Gain 1 CPD point (60 minutes)
Listen only, gain ½ a CPD point (30 minutes)

Regulated by the Bar Standards Board:
Listen and pass the quiz: Gain 1 accredited CPD point (60 minutes)

Regulated by ILEX:
Listen and pass the quiz: Gain 1 CPD point (60 minutes)
Listen only, gain ½ a CPD point (30 minutes)

Cost:
  • FREE
Length:
30 minutes of audio
(+ optional 5 minute online quiz)
Plays on Computer:
Yes Downloadable as MP3:    Yes
Contributor(s):
Course Aims:

This podcast explains the international cross border insolvency regime and how the English courts will apply it and is aimed at insolvency practitioners or those with an interest in the area.

Outcomes:
After completing the course you will:
  • Understand the consequences of recognition of foreign insolvency proceedings by the English courts;
  • Understand the procedure for making an application for recognition of foreign insolvency proceedings;
  • Understand how section 426 of the Insolvency Act 1986 fits in the cross border insolvency regime under the 2006 Regulations;
  • Understand how the courts will exercise their discretion under section 426 of the Insolvency Act 1986.
Level:
Specialist Difficulty: 5 of 5
Classification:
Legal Principles
Legislative Updates
Sources and References:
  • Insolvency Act 1986;
  • EC Regulation on Insolvency Proceedings;
  • Cross-Border Insolvency Regulations 2006;
  • UNCITRAL Model Law;
  • Re Rajapaske [2007] BPIR 99;
  • Re Dallhold Estates (UK) Pty Ltd [1992] BCLC 621;
  • England v Smith [2001] Ch 419;
  • HIH Casualty and General Insurance v Chase Manhattan bank & Ors. [2003] UKHL 6.
Tags:

In this podcast, the final in our three part series on cross border insolvency, Ben Griffiths continues from the second podcast talking about the cross border insolvency regime outside the EU. He examines the consequences of recognition of foreign insolvency proceedings by the English courts and the procedure for making an application for recognition. At the end of the podcast he discusses the provisions under section 426 of the Insolvency Act 1986. To fully understand this podcast it is important to also listen to the Cross Border Insolvency Part 2 podcast in this series before listening to this podcast.

Podcast Added: 06/02/2009 Podcast Last Reviewed: 28/06/2010

Podcast last reviewed: 2011-10-31

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