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BUSINESS AND PROPERTY COURTS OF ENGLAND AND WALES
COMPANIES COURT (ChD)
7 Rolls Buildings Fetter Lane London EC4A 1NL |
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B e f o r e :
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IN THE MATTER OF WEST AFRICAN GAS PIPELINE COMPANY LIMITED (a company incorporated in Bermuda) AND IN THE MATTER OF THE COMPANIES ACT 2006 |
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2nd Floor, Quality House, 6-9 Quality Court, Chancery Lane, London WC2A 1HP
Telephone No: 020 7067 2900 DX: 410 LDE
Email: info@martenwalshcherer.com
Web: www.martenwalshcherer.com
MR. EDGAR YVES MONNOU (appearing in person)
MR. THOMAS SOSSA (appearing in person)
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Crown Copyright ©
MR. JUSTICE MILES:
"The court should not, and will not, exercise its jurisdiction unless a sufficient connection with England is shown. Thus it is almost impossible to envisage circumstances in which the English court could properly exercise jurisdiction in relation to a scheme of arrangement between a foreign company and its members, which would essentially be a matter for the courts of the place of incorporation. A cross-border scheme involving the members of companies incorporated in different countries would be dealt with by separate schemes in the two countries. If it were a reconstruction or amalgamation, then the court could exercise the powers under section 427, but that section does not apply to foreign companies: section 427(6)."