Conflicts/proprietary claims (Peter Birks, 4 Dec 1996)

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Sender:	Peter Birks
Date:	Wed, 4 Dec 1996 17:45:19 +0000
Re:	Conflicts/proprietary claims

Re Polly Peck International Plc

In the Ch.D. on 29 November Rattee J decided not to strike out, but on the contrary to give leave for, a proprietary claim against Polly Peck by former owners of real property in N. Cyprus, expropriated after the invasion by the Turkish army, in respect of enrichment received by the sale of shares in its allegedly trespassing subsidiaries, whose title to the properties depended solely on the law of the unrecognised Northern govt. The administrators of PP intended to distribute to unsecured creditors; the plaintiffs seek to come in ahead by virtue of their proprietary claim.

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Peter B.H.Birks Q.C., D.C.L., F.B.A.,
Regius Professor of Civil Law, University of Oxford

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