English High Court considers the public policy exception to cross-border recognition

Jack Mead and Helen Coverdale of Norton Rose Fulbright examine the High Court’s decision in Shahzad v Bramhelft, which confirms that the public policy exception to recognition under the Cross-Border Insolvency Regulations 2006 is narrow and will not defeat recognition merely because a foreign tax authority petitioned for or funded the proceedings, where the process is genuinely collective, court-supervised and conducted for the benefit of creditors as a whole.

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