In a first-of-its-kind decision, the Royal Court of Jersey has
issued a Letter of Request to the High Court of Justice of England
and Wales, seeking recognition of the appointment of James Pirie
and Alan Roberts of Grant Thornton Limited as Provisional
Liquidators of RTI Limited. The application was brought by us,
marking a significant milestone in Jersey’s cross-border
insolvency practice.
The provisional liquidation of RTI Limited marks the first
appointment of its kind by the Royal Court under provisions
introduced into the Companies (Jersey) Law in 2022. The latest
decision is therefore the first time the Royal Court has issued a
letter of request in relation to provisional liquidation, and only
the second time it has requested assistance by way of the
recognition of Jersey-appointed liquidators in England. The
Court’s decision sets a precedent for future cooperation
between jurisdictions where insolvency procedures are closely
aligned.
We acted for the Provisional Liquidators in both this matter and in
the matter of the earlier Otaki Holdings Limited (a Jersey company
whose liquidators were recognised in England and Wales in January
2023 following the issue of a similar letter of request by the
Jersey Court), demonstrating our leading role in shaping
Jersey’s cross-border insolvency framework.
Our team was led by partner Nigel Sanders and included partner
Richard Holden, senior associate Bradley Gibb, associate Victoria
Barclay and paralegal Peter Emmanuel.
Nigel Sanders commented: "This decision provides helpful
clarity on the Royal Court’s approach in provisional
liquidation cases. It confirms that Jersey’s courts are
willing to engage with other jurisdictions where procedures are
aligned and creditor interests are best served."
Background
The Royal Court confirmed that where insolvency procedures in
Jersey and England and Wales are analogous, such as provisional
liquidation, this provides the strongest basis for invoking its
inherent jurisdiction to seek assistance under section 426 of the
Insolvency Act 1986.
The Court was persuaded that recognition in England and Wales would
be in the best interests of creditors and would enable the
Provisional Liquidators to carry out investigations into assets and
records located in that jurisdiction.
Following the issuance of the Letter of Request, the High Court
formally recognised the appointment under case number
CR-2025-005950, granting the Provisional Liquidators powers under
sections 234 to 236 of the Insolvency Act 1986 and confirming the
applicability of the moratorium under Article 157B(4) of the
Companies (Jersey) Law 1991.
This recognition enables the Provisional Liquidators to take
meaningful steps to safeguard assets and progress investigations in
England and Wales, while preserving the Royal Court’s
supervisory role over the Jersey proceedings