Foreign Bankruptcies

Background

It is possible for bankruptcy orders issued by other UK courts to be registered in the ROI, provided that they are accompanied by a certificate by the Court of Session in terms of s426 of the Insolvency Act 1986. 

That section provides for cooperation between courts of different jurisdictions in relation to insolvency, and Court of Session certificate will typically set out that the order is to be recognised and enforced in Scotland.  The bankruptcy order will usually have two pages: the first will contain a court order adjudging the debtor bankruptcy; the second, an order appointing a receiver or trustee. If a registration officer isn’t sure a bankruptcy order and certificate presented for registration meets these criteria, the application should be referred.

In addition, if a member of CAJR staff is asked to register a bankruptcy-related document from a foreign jurisdiction other than England and Wales or Northern Ireland, the application should be referred through the usual channels.