Enforcement of Foreign Judgments - The Usual Rules Apply (no exception for insolvency)

more+
less-

This an important case from the English Supreme Court relating to the enforcement of foreign judgments in England.

In the judgment, Lord Collins posed the following question,

“Should there be a more liberal rule for avoidance judgments in the interests of the universality of bankruptcy and similar procedures?”

“ In my judgment the answer is in the negative…”

This case is important for claimants considering proceedings against English defendants, to avoid expensive proceedings in a foreign court, which may lead to a judgment which is unenforceable in England. It is also crucial that potential defendants do not take any steps in foreign proceedings which may prejudice them when attempts are made to enforce the judgment from those proceedings in England.

LOADING PDF: If there are any problems, click here to download the file.

Written by:

Published In:

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

© Steven Loble, Sherrards Solicitors LLP | Attorney Advertising

Don't miss a thing! Build a custom news brief:

Read fresh new writing on compliance, cybersecurity, Dodd-Frank, whistleblowers, social media, hiring & firing, patent reform, the NLRB, Obamacare, the SEC…

…or whatever matters the most to you. Follow authors, firms, and topics on JD Supra.

Create your news brief now - it's free and easy »

All the intelligence you need, in one easy email:

Great! Your first step to building an email digest of JD Supra authors and topics. Log in with LinkedIn so we can start sending your digest...

Sign up for your custom alerts now, using LinkedIn ›

* With LinkedIn, you don't need to create a separate login to manage your free JD Supra account, and we can make suggestions based on your needs and interests. We will not post anything on LinkedIn in your name.
×
Loading...
×