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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
NLJ's latest Charities Appeals Supplement has been published in this week’s issue
A client cannot use a costs assessment to investigate whether their solicitor received commission on an after-the-event (ATE) insurance premium, the Court of Appeal has held
Law firms cannot be compelled to disclose documents protected by unwaived legal professional privilege (LPP) during misconduct investigations, the High Court has clarified
Solicitors have urged regulators not to impose unnecessary cost and complexity on third-party litigation funding
International demand for UK legal services is surging, with exports at record levels, according to Law Society research
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