HUGHES AND OTHERS V HANNOVER RUCKVERSICHERUNGS AKTIENGESELLSCHAFT

(1997) 6 Re LR 96

Court of Appeal

Before Lord Justice Roch, Lord Justice Morritt and Lord Justice Thorpe

Insolvency - Reinsurance - Request for assistance - Considerations for court - Reinsurance treaties issued by German reinsurer through London brokers covering reinsured mutual Massachusetts insurer - Provisional liquidators appointed in liquidation of reinsured in Bermuda - Reinsured seeking to restrain reinsurer from proceeding against reinsured under arbitration clause in treaties - Letter of request from Supreme Court of Bermuda seeking assistance from English court - Appeal against order declining to continue injunctive relief in respect of “any and all jurisdictions” - Construction of Insolvency Act 1986 - Meaning of “insolvency law” - Ability of English court to assist courts of other parts of United Kingdom or of “relevant countries or territories” - Nature and extent of obligation imposed on court.