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NLJ this week: International creditors & the route to enforcement of a foreign judgment

06 December 2024
Issue: 8097 / Categories: Legal News , Insolvency , International , Jurisdiction
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Foreign judgments can serve as the basis for bankruptcy or winding-up petitions even if not formally recognised in the courts of England and Wales, two recent judgments confirm. However, the process is not automatic, as Lauren Pardoe, partner, and Camilla Pratt, senior associate, in Rosling King’s dispute resolution group, write in this week’s NLJ.

Pardoe and Pratt cover the cases and comment on their impact. They write that the rulings ‘are welcomed by those of us acting for international creditors, especially those seeking to enforce judgments from jurisdictions with no reciprocal enforcement arrangements with England and Wales’.

However, the authors also set out the benefits and disadvantages of using the approach of the judgments. Moreover, they highlight the threshold that must be met for the English courts to enforce the foreign judgment. 

MOVERS & SHAKERS

Birketts—trainee cohort

Birketts—trainee cohort

Firm welcomes new cohort of 29 trainee solicitors for 2025

Keoghs—four appointments

Keoghs—four appointments

Four partner hires expand legal expertise in Scotland and Northern Ireland

Brabners—Ben Lamb

Brabners—Ben Lamb

Real estate team in Yorkshire welcomes new partner

NEWS
Robert Taylor of 360 Law Services warns in this week's NLJ that adoption of artificial intelligence (AI) risks entrenching disadvantage for SME law firms, unless tools are tailored to their needs
The Court of Protection has ruled in Macpherson v Sunderland City Council that capacity must be presumed unless clearly rebutted. In this week's NLJ, Sam Karim KC and Sophie Hurst of Kings Chambers dissect the judgment and set out practical guidance for advisers faced with issues relating to retrospective capacity and/or assessments without an examination
Delays and dysfunction continue to mount in the county court, as revealed in a scathing Justice Committee report and under discussion this week by NLJ columnist Professor Dominic Regan of City Law School. Bulk claims—especially from private parking firms—are overwhelming the system, with 8,000 cases filed weekly
Charles Pigott of Mills & Reeve charts the turbulent progress of the Employment Rights Bill through the House of Lords, in this week's NLJ
From oligarchs to cosmetic clinics, strategic lawsuits against public participation (SLAPPs) target journalists, activists and ordinary citizens with intimidating legal tactics. Writing in NLJ this week, Sadie Whittam of Lancaster University explores the weaponisation of litigation to silence critics
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