header-logo header-logo

06 December 2024 / Lauren Pardoe , Camilla Pratt
Issue: 8097 / Categories: Features , Insolvency , International , Jurisdiction
printer mail-detail

Foreign judgments: home & away

200301
The courts have provided welcome clarity on enforcing foreign judgments in English insolvency proceedings: Lauren Pardoe & Camilla Pratt outline the opportunities & challenges
  • Two recent decisions have confirmed that foreign judgments can serve as the basis for bankruptcy or winding-up petitions, even if they are not formally registered or recognised in the courts of England and Wales.
  • For creditors, this approach may reduce the time and costs typically associated with enforcing judgments or initiating fresh proceedings.
  • It appears that the English courts will not automatically enforce a foreign judgment, particularly where a bona fide dispute on substantial grounds exists.

Following recent High Court decisions, solicitors involved in cross-border insolvency and debt recovery matters will welcome the clarity provided in relation to the treatment of foreign judgments in the context of the current insolvency regime. Recent cases, including Drelle v Servis-Terminal LLC [2024] EWHC 521 (Ch) and Re a Company [2024] EWHC 1070 (Ch) confirm that foreign judgments, incontrovertibly owed, can indeed serve

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Church Court Chambers—Maryam Syed KC

Church Court Chambers—Maryam Syed KC

Church Court Chambers welcomes Maryam Syed KC

Devonshires—Sean Garbutt

Devonshires—Sean Garbutt

Devonshires strengthens construction team with appointment of partner Sean Garbutt

Thackray Williams—Alexandra Hubbard

Thackray Williams—Alexandra Hubbard

Thackray Williams strengthens employment team with dual-qualified solicitor

NEWS
Judges and lawyers reviewing the rules of disclosure have ruled out a return to the old system of CPR Part 31, and will consult on proposals to simplify the Practice Direction (PD) 57AD regime by early next year
A consumer organisation has hit back at the Financial Conduct Authority (FCA) for encouraging motor finance compensation claimants to steer clear of law firms and claims management companies
A fast, free and anonymous piece of software has been launched to help law practices comply with their regulatory duty to guard against an increasing onslaught of cyberattacks
A mood of cautious optimism has enveloped the criminal law sector following indications the prime minister may abandon planned jury reforms
The Court of Appeal has held user damages are recoverable in a competition claim, in Meta Platforms Inc and other companies v Gormsen [2026] EWCA Civ 993
back-to-top-scroll