Judicial insights into cooperation between Common Law Courts

CBIL hosts insolvency talk by Mr Justice Heath of the High Court of New Zealand, 7 March 2016.

The Centre for Business and Insolvency Law hosted a recent talk by Mr Justice Paul Heath of the High Court of New Zealand. The title of the talk, held on 7 March 2016, was: Judicial Co-operation in Cross-Border Insolvency: Should the Rules be set by Parliament or the Judges?.

Mr Justice Heath dealt with the jurisprudence of the Privy Council in the field of international insolvency law, beginning with Cambridge Gas (2006) and ending with Singularis (2014), and offered particular insight into the consequences of the latter decision on the prospects for cooperation between courts in common law countries.

This is especially relevant to a number of jurisdictions within the common law world, particularly where international frameworks such as the UNCITRAL Model Law on Cross-Border Insolvency 1997, or domestic rules providing for assistance to foreign courts, have not been adopted or are insufficient.

Mr Justice Heath, who while a Law Commissioner in New Zealand (1999-2002) authored the Law Commission’s Report No. 50 on New Zealand’s approach to cross-border insolvency, that recommended the adoption of the Model Law, also offered views on whether the jurisdiction of courts in international insolvency should follow the examples of historical developments in the law of the sea and commercial law, where judicially-led changes were important in improving the law. Mr. Justice Heath also gave a number of illustrations of the complex legal issues that arise when dealing with cross-border cases from his experience as a sitting judge in Auckland.

Judicial insights into cooperation between Common Law Courts

Published on 16 March 2016
  • Category: Nottingham Law School

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