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04 September 2026 / Charlotte Hill , Harriet Campbell
Issue: 8175 / Categories: Features , Dispute resolution , International , Insolvency
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Recognition & cross-border debt recovery

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Charlotte Hill & Harriet Campbell examine the Supreme Court’s decision in Drelle: what does it mean for creditors seeking to turn unrecognised foreign judgments into insolvency action?
  • The Supreme Court has confirmed that an unrecognised foreign judgment can constitute a qualifying debt for an English bankruptcy petition, without the creditor first having to pursue separate recognition or enforcement proceedings.
  • The decision strengthens the hand of foreign judgment creditors in cross-border debt recovery, while increasing insolvency risks for debtors with assets or other connections to England and Wales.

The Supreme Court has held that an unrecognised and unregistrable foreign judgment can nevertheless constitute a qualifying debt for the purposes of presenting a bankruptcy petition under s 267 of the Insolvency Act 1986, in Drelle v Servis-Terminal LLC (in liquidation in the Russian Federation) [2026] UKSC 29.

In overturning the Court of Appeal’s earlier ruling, the court has removed a significant hurdle for creditors seeking to recover debts arising from foreign judgments in England and Wales. A creditor

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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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