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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