Section 236, extra-territorial effect and a way forward following Re MF Global UK Ltd and Re Omni Trustees Ltd
The recent decisions in Re MF Global UK Ltd and Re Omni Trustees Ltd give conflicting views as to whether section 236 of the Insolvency Act 1986 has extra-territorial effect. In this article, we look at the reasoning in the two judgments and discuss a possible further argument for extra-territorial effect.
The conflicting rulings on section 236
In both Re MF Global UK Ltd [2015] EWHC 2319 (Ch) and Re Omni Trustees Ltd [2015] EWHC 2697 (Ch) the office holders sought orders for the production of witness statements and supporting documentation from respondents who were resident overseas.
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