Court of Appeal confirms “dedicated fund” of Luxembourg investment company is not an unregistered company for the purpose of winding up under the Insolvency Act 1986

Andrew Cooke, Maura McIntosh and Peter Thompson of HSF Kramer report that the Court of Appeal has confirmed a Luxembourg sub-fund is not an “unregistered company” for the purposes of the Insolvency Act 1986 and therefore cannot be wound up in England, underscoring the limits of the court’s jurisdiction and reminding UK creditors to scrutinise cross-border fund structures and remedies carefully.

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