Vol 19 (2022) - Issue 1

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Melars Group Ltd v East-West Logistics LLP [2021] EWHC 1523 (Ch)

Synopsis
The court set aside a winding-up order because when deciding whether the company’s centre of main interest ('COMI') was in England and thus giving rise to the jurisdiction of the English courts, an error had been made. The court highlighted a number of key principles relevant to the determination of COMI, including the importance of ascertainability, certainty and foreseeability. As this case concerns insolvency proceedings that commenced pre-Brexit, the court’s jurisdiction to wind up the company was determined by the application of Regulation (EU) 2015/845 of the European Parliament and of the Council of 20 May 2015 on insolvency proceedings (recast) (the 'Recast Regulation').
The judgment also contains helpful discussion and application of existing English and European authorities, including O’Donnell v Bank of Ireland [2012] EWHC 3749 (Ch), Re Stanford International Bank Ltd (In Receivership) [2010] EWCA Civ 137 and Re Eurofood IFSC Ltd (C-341/04) EU:C:2006:281.