tag:blogger.com,1999:blog-6391476958230949091.post7123802942044289369..comments2023-11-23T09:33:35.025+00:00Comments on Bankruptcy, Insolvency and Corporate Rescue: Guest Post: Professor Gerard McCormack on Suing companies in the UK that are the subject of liquidation proceedings elsewhere in the EUDr. John Tribe, Senior Lecturer in Law, University of Liverpoolhttp://www.blogger.com/profile/01467980377830600284noreply@blogger.comBlogger1125tag:blogger.com,1999:blog-6391476958230949091.post-13328328645314194212011-04-15T17:54:55.133+01:002011-04-15T17:54:55.133+01:00This case illustrates the blind formalism that I f...This case illustrates the blind formalism that I fear has long plagued the British (and US) judiciary. Doing "nothing more than establishing the rights of the parties" in and of itself DOES interfere with the insolvency proceedings in Spain. The courts can't get it through their heads that adjudication isn't free, in terms of either money or other resources like time. Auto stay litigation in the US has long recognized that continuation of litigation to which the debtor has to pay attention DOES interefere with the insolvency case, even if it "simply" determines the parties' rights. That's not so "simple" when the realities of the court process, lawyers, and fees are considered, which this judge clearly ignored. Bad decision! :-(Jason Kilbornhttp://home.comcast.net/~jasonkilbornnoreply@blogger.com