Vol 18 (2021) - Issue 2

Article preview

Bank of Baroda v Maniar and another [2019] EWHC 2463 (Comm)

Synopsis
On 20 September 2019 judgment was handed down by His Honour Judge Pearce in Bank of Baroda v Maniar [2019] EWHC 2463 (Comm). The defendants were successful in resisting claims by the bank on personal guarantees which covered a credit facility made available to an Irish company of which they were directors. The decision is significant in that it raises a number of important points of European cross-border insolvency law under the European Insolvency Regulation. The authority also provides some welcome clarification as to the manner and circumstances in which the English Court will exercise a foreign law judicial power.