Rubin v Eurofinance appeal set for hearing in May 2012

The Supreme Court of the United Kingdom has set a date for the hearing of the appeal in the cross-border insolvency case Rubin & anor v Eurofinance & Anor. The appeal will be heard over two days on Tuesday 22 and Wednesday 23 May 2012.

As reported in August last year, the British High Court of Justice Court of Appeal held in Rubin and Lan (Joint Receivers and Managers of The Consumers Trust) v Eurofinance SA and others [2010] EWCA Civ 895 that a foreign proceeding to recover money from debtors could be recognised and enforced under the UNCITRAL Model Law on Cross-Border Insolvency. This was despite the fact that the foreign proceeding was technically distinct from the primary, collective insolvency proceedings.