May 2012
BERMUDA
SUPREME COURT
COMPANIES – WINDING UP – JPLS’ APPLICATION FOR A LETTER OF REQUEST – STATUTORY BASIS OF JURISDICTION
In this case, the Company in question was wound up by Ground CJ in January 2010. The Company is the parent of four UK Companies undergoing liquidation proceedings in the English High Court. As such, the settlement of these claims turns on issues of English law.
JPLs’ sought an application for a Letter of Request to seek assistance from an overseas Court. The Court took the opportunity to make clear the statutory basis of jurisdiction to direct that liquidators may seek assistance from an overseas Court under the Companies Act, 1981 and the common law principles governing the exercise of the Court’s discretion to sanction that assistance.