Lloyd's Maritime and Commercial Law Quarterly

Professor Francis D Rose

Document

A LOST OPPORTUNITY TOWARDS MODIFIED UNIVERSALISM

Re HIH Casualty and General Insurance

The facts and decision

The simplified facts of Re HIH Casualty and General Insurance Ltd 1 (henceforth “HIH ”) were as follows. Four insurance companies, incorporated in Australia and with the bulk of their businesses there, had gone into insolvent liquidation in Australia. Some of their assets were situated in England. Petitions were presented to wind them up as foreign companies in England and provisional liquidators were appointed. The relevant Australian

1. [2008] UKHL 21; [2008] Bus LR 905; [2008] 1 WLR 852; rvsng [2006] EWCA Civ 732; [2007] 1 All ER 177; affmg [2005] EWHC 2125 (Ch); [2006] 2 All ER 671.

CASE AND COMMENT

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