John Howard Hughes T/A Memories
Bankruptcy - Jurisdictions - Centre of Main Interests
Sarah Clarke acted in this case where a bankruptcy order made against a debtor who was at the time of presentation of the petition resident in Spain. Registrar Simmonds found the Court had jurisdiction to open main proceedings on grounds that centre of main interests was in England. The petition debt was an unpaid business debt; applying Theophile v The Solicitor General [1950] AC 186 and Re a Debtor (No.784 of 1991) [1992] CH 554 there was a deemed continuation of business until this debt was paid which gave rise to a prima facie case that the Debtor's centre of main interests was in England. Also the move to Spain occurred at a time when he was in a parlous financial position and it is well established a departure for the purpose of forum shopping will not change the centre of main interests: Shierson v Vlieland Boddy [2005] BCC 949.