Lord Bathurst’s Gift: The Genesis of the Golden Thread, being the Early History of Cross-Border Insolvency and the Theory of Universalism, with particular reference to the original Solomons v. Ross case papers of 1764



Tribe, JP ORCID: 0000-0002-7272-7263 and Baister, S
(2019) Lord Bathurst’s Gift: The Genesis of the Golden Thread, being the Early History of Cross-Border Insolvency and the Theory of Universalism, with particular reference to the original Solomons v. Ross case papers of 1764. Insolvency Intelligence, 32 (1). pp. 7-15.

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Abstract

The genesis of the golden thread of modified universalism in cross-border insolvency cases has been said to be the seminal 1764 judgment of Lord Bathurst in Solomons v. Ross. From the highest courts in the land to the most authoritative commentators, it has become an axiom that the concept of reciprocity between national courts in insolvency matters traces its roots to the Court of Chancery hearing a dispute between a London trader, Ross, and an insolvent Dutch company’s representative, Solomons. Using primary source material from the National Archive this article challenges this proposition and argues that (1) Lord Mansfield’s earlier judgments in Raynard v. Chase (1756) and in Robinson v. Bland (1760) are in fact the genesis of the golden thread, and that (2) Lord Mansfield influenced the then Mr Justice Bathurst in coming to his decision in Solomons v. Ross (1763) either directly, or because of the approach adopted in Raynard v. Chase (1756) and Robinson v. Bland (1760).

Item Type: Article
Depositing User: Symplectic Admin
Date Deposited: 18 May 2020 10:23
Last Modified: 18 Jan 2023 23:51
URI: https://livrepository.liverpool.ac.uk/id/eprint/3087353