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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

Harneys—Maggie Kwok & George Weston

Harneys—Maggie Kwok & George Weston

Harneys senior leadership appointments

Freeths—Keith Browne & Jim Jordan

Freeths—Keith Browne & Jim Jordan

Freeths strengthens London Construction and Engineering practice with two strategic senior hires

Anthony Collins—Laura Moss

Anthony Collins—Laura Moss

Anthony Collins announces strategic hire to deepen skills base in the social business sector

NEWS
More than 100 teams from the legal and financial services sectors competed in five sports at the 51st Law Society RFC Festival of Sport earlier this month
Part-time status need only be an effective cause of less favourable treatment, rather than the sole cause, the Supreme Court has held in Augustine v Data Cars
Britain’s new acknowledgement that Israel’s occupation is unlawful, and accompanying settlement-goods ban and sanctions, is significant but overdue, argue Danny Friedman KC and Victor Kattan in NLJ this week
New planning fee rises, wider trade union access rights and a service-by-email trap feature in Stephen Gold’s latest Civil Way
Existing defamation law can respond to AI ‘hallucinations’, but allocating responsibility will prove harder where outputs reach users without human intervention
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