Time for arrest? Admiralty prevails over the cross-border insolvency rules in the case of the 'New Giant'

Abstract

This paper contains the slides for McCarthy and Sherlock's presentation about the case of the 'New Giant'. They begin by providing an introduction to cross-border insolvency, before considering historical tension between Admiralty and Insolvency law plus background to the 'New Giant'/STX case and the chronology of the case, discussing arguments advanced in favour of the Admiralty Claimants and of the Administrators, discussing the judgment in the 'New Giant' case, and finishing with a debate over where to go from here.