Jersey Unreported Judgments

Letter of Request

[2021]JRC225

Royal Court

(Samedi)

16 July 2021

IN THE MATTER OF THE REPRESENTATION OF IAN DEFTY AND DAVID OPREY

AND IN THE MATTER OF A REPRESENTATION PURSUANT TO ARTICLE 49 OF THE BANKRUPTCY (DÉSASTRE) (JERSEY) LAW 1990

Advocate C. J. Swart for the Representors.

EXTEmpore judgment

the deputy bailiff:

1.        The Court has before it a Representation of Ian Defty and David Oprey who are insolvency practitioners and joint trustees in bankruptcy of the bankrupt Andrew Michael of Paddington, London.  Mr Michael was adjudged bankrupt in the Central London County Court on 3^rd March 2020.  Having undertaken enquiries of the debtor the Representors, Mr Defty and Mr Oprey, have established that the debtor has assets in the jurisdiction of this Court, consisting of a bank account maintained with City International Private Bank, St Helier.  The Court is in receipt of a Letter of Request from a judge of the Central London County Court asking for the assistance of this Court.  The Letter of Request is dated 7^th June 2021.  The Letter of Request invites this Court to recognise the joint trustees in bankruptcy so as to permit them to gather in the assets in Jersey attributable to the debtor. 

2.        The United Kingdom is a 'relevant country' for the purpose of the Bankruptcy (Désastre) (Jersey) Order 2006.  Accordingly, pursuant to Article 49 of the Bankruptcy (Désastre) Jersey Law 1990, the Court may assist the Courts of that country in its discretion. 

3.        We regard it as a proper exercise of our discretion to recognise the appointment of the joint trustees in bankruptcy in this jurisdiction, upon the undertaking of the Representors to advertise in the Jersey Gazette within 28 days of today for any Jersey creditors who may have a claim against the debtor and to ensure that any such creditors who are priority creditors are afforded the same priority for their debts as they would enjoy under the Désastre Law. 

4.        We also order that the Representors be authorised to make such enquiries in Jersey as may be necessary to obtain information (including books, papers, documents and other records) concerning the debtor, his dealings, affairs or property, and authorise the Representors to collect all and any property belonging to the debtor as may be located in Jersey. 

Authorities

Bankruptcy (Désastre) (Jersey) Law 1990. 

Bankruptcy (Désastre) (Jersey) Order 2006.