Jurisdiction(s):
United Kingdom

England and Wales: trustees may seek annulment; COMI held Austria but order rested on domicile; review confined to original material; domicile challenge permitted with further evidence (Nilsson v Jones)

Published on: 28 November 2025

Published by a LexisNexis Restructuring & Insolvency expert

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Article summary

Nilsson and another (as joint trustees in bankruptcy of Timothy Edward Jones) v Jones [2025] EWHC 2652 (Ch)

What was the background?

The joint trustees in bankruptcy of Timothy Edward Jones sought to have his bankruptcy order set aside on the footing that it should not have been made at all. Mr Jones petitioned on 3 November 2021, but an adjudicator initially rejected the application on 22 November 2021, expressly holding that his COMI was outside this jurisdiction and that none of the other jurisdictional gateways applied. On 6 December 2021, Mr Jones requested a review and then produced additional material, including a Family Court ruling in 2018 fixing his domicile within this jurisdiction, a statement that he had been using a friend’s house in Esher as a base to see his children, and an Austrian residence document showing his Austrian address as a “secondary residence”. On 21 December 2021, relying on that new material, the reviewing adjudicator ultimately made the bankruptcy order, confirming, upon review, she was satisfied that Mr Jones fully met the jurisdictional requirements by reason of his domiciled status as determined by the court in 2018, after careful consideration. The trustees were duly appointed on 8...

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