So what has emerged by way of significant jurisprudence?
In KMG N.V v DP Holdings SA, the Court of Appeal considered forum arguments in the context of an application to appoint liquidators to a foreign company. The court determined that the test for jurisdiction was encompassed within the statutory test for winding up a foreign company and, once met, there was no room for forum conveniens considerations. This has allowed for a more focused approach to the process of getting permission to serve out of the jurisdiction liquidation proceedings commenced against foreign companies. At a time when other jurisdictions are expanding their reach to liquidation of foreign companies, this is a welcome commercial approach to the jurisdiction of such claims.
In the same appeal the process for determining when permission to appeal a cross-appeal was necessary was clarified. In a surprising move the Court of Appeal determined no permission was required for a cross-appeal once an appeal against the judgment has commenced, even if permission was required for the main appeal. The main justification appeared to be that the Court then had jurisdiction to deal with any issue arising under the appeal even if those issues arise on a cross-appeal.
Separately, the question of who was an ‘aggrieved person’ so to be able to challenge a liquidator in the conduct of his duties was considered and defined further than before Kevin Gerald Standford v Stephen John Akers and Mark McDonald BVIHCMAP 2017/0019 (July 2018); while a comprehensive review of the strict obligations to disclose that arose from reference within documentation under CPR28.16 was reaffirmed in Comodo Holdings SA v Renaissance Investments SA (July 2018).
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This article was first published in The Lawyer.