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04 September 2026
Issue: 8175 / Categories: Legal News , Dispute resolution , International , Insolvency
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NLJ this week: Foreign debts bite

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Foreign judgment creditors have gained a route to recovery after the Supreme Court’s ruling in Drelle v Servis-Terminal

An unrecognised and unregistrable foreign judgment can constitute a qualifying debt for an English bankruptcy petition under s 267 of the Insolvency Act 1986. Writing in NLJ this week, Charlotte Hill and Harriet Campbell of Penningtons Manches Cooper explain that a final foreign money judgment creates an independent common law obligation to pay without first requiring English recognition.

The court found a ‘world of difference’ between a sovereign claim for tax or penalties and a private claim. Bankruptcy is a collective insolvency process, not a mechanism for directly enforcing the judgment.

The decision removes a procedural hurdle, particularly for judgments from countries without reciprocal enforcement arrangements, and strengthens creditors’ settlement leverage. However, mobile directors and individuals face greater exposure, making early challenges based on fraud, unfairness, public policy or jurisdiction increasingly important.

MOVERS & SHAKERS

Charles Russell Speechlys—Justine Howard

Charles Russell Speechlys—Justine Howard

Charles Russell Speechlys appoints Justine Howard as General Counsel

Gibson Dunn—Suzanne Thomson

Gibson Dunn—Suzanne Thomson

Gibson Dunn further bolsters business restructuring and reorganization practice in London

Penningtons Manches Cooper—Rachel Yao

Penningtons Manches Cooper—Rachel Yao

Penningtons Manches Cooper expands international private wealth practice with new Singapore partner

NEWS
Foreign judgment creditors have gained a route to recovery after the Supreme Court’s ruling in Drelle v Servis-Terminal
Surrogacy is growing in popularity, but parents-to-be face a complex legal framework
Winning a judgment may be only the beginning of an expensive enforcement battle, writes Professor Dominic Regan in this week's NLJ
Indemnity costs remain exceptional, but parties cannot ignore a case that deteriorates around them. In Lawrence v Associated Newspapers, Mr Justice Nicklin ordered the claimants to pay indemnity costs after finding their conduct, viewed cumulatively, fell ‘well outside the norm’
Public law is in flux following reversals and robust appellate intervention, according to the latest public law update by the team at HSFK for NLJ
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