Insolvency EC regulations or Insolvency Act 1986 & Rules ?
Dear Cabinet Office
The insolvency Service has refused to give a straight answer to the following question.
UK Insolvency/ Bankruptcy EC Regulation Article 3 - Article 3(1) (2) (3) (4) Main, Secondary, Territorial Proceedings
Please clarify which part of the EC regulations above applies to the main, secondary and territorial proceedings insolvency forms used within the UK.
UK insolvency forms and orders are only stating Article 3 but not which part of Article 3 applies (1) (2) (3) or (4).
Insolvency EC regulations or Insolvency Act 1986 & Rules ?
Please can you confirm if Insolvency proceeding are beging carried out under EC regulations and not Insolvency Act 1986 and Insolvency Rules.
And if TWO bankruptcy filings are being carried out simultaneously that the debtor is not being made aware of?
Please define the definition of main proceedings and how this applies to the people living in the UK, and also the same process for secondary, and territorial proceedings.
Yours faithfully,
J. Ross
CABINET OFFICE REFERENCE: FOI324814
Dear J. ROSS
Thank you for your request for information. Your request was received on
26/06/2017 and we are considering if it is appropriate to deal with under
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Knowledge and Information Management Unit
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Dear FOI Team Mailbox,
Please be so kind as to answer in good faith, whether or not national law applies or EC formerly EU private international law when there is no cross-border influence with the EU within a case.
Yours sincerely,
J. Ross
Please find attached the reply to your FOI request
Regards
FOI Team
Room 405
70 Whitehall,
London, SW1A 2AS
E-mail -[1][Cabinet Office request email]
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J. Ross left an annotation ()
Insolvency Service
Quote: 'The EU Regulation does not apply if there in no cross-border EU element to a case.'