Jurisdictional Issues in Bankruptcy - Points of Law, Practice & Procedure

Introduction

Dealing with cross-border bankruptcies in a post-Brexit landscape? Jurisdictional challenges can derail your case unless you know exactly how to handle them.

Join our upcoming webinar tailored for insolvency lawyers navigating the complexities of cross-border cases. It will explore the key jurisdictional grounds under Section 265 of the Insolvency Act 1986, including Centre of Main Interests (‘COMI’), Residence, and Business Activity, and unpack the legal tests and principles that apply to each.

Through a real-life case study from a cross-border bankruptcy successfully handled by the speaker over the course of a year, you will gain practical insight into how these principles work in context.

The webinar will answer critical questions such as:

• Does the Court always need to determine COMI?
• What if the debtor’s COMI is outside England and Wales?

You will also learn how to approach a creditor’s petition post-Brexit, what details to include when pleading jurisdiction, how to draft a notice of opposition, and when cross-examination of the debtor may be appropriate.

Ensure you are equipped to advise effectively in cross-border matters. Register now to enhance your understanding of jurisdictional practice and procedure in personal insolvency cases.

What You Will Learn

This webinar will cover the following:

• A reminder of some of the key grounds of jurisdiction available to a petitioning creditor under Section 265 of the Insolvency Act 1986 (namely COMI, Residence and the Carrying on of Business Grounds)
• The applicable tests and principles that apply to each of the aforementioned grounds of jurisdiction to make them out
• Whether or not the court needs to decide COMI in any event
• What the position on jurisdiction is if the Debtor’s COMI is located outside of England and Wales
• Key points of practice and procedure, namely the contents and drafting of the petition when pleading jurisdictional grounds and the contents and drafting of the notice of opposition and any written evidence when dealing with jurisdiction
• The utility of seeking an order for cross-examination of the debtor and in what circumstances

This pre-recorded webinar will be available to view from Wednesday 18th February 2026

Alternatively, you can gain access to this webinar and 1,900+ others via the MBL Webinar Subscription. Please email webinarsubscription@mblseminars.com for more details.