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


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.

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Published In: Bankruptcy Updates, Civil Procedure Updates, General Business Updates, Conflict of Laws Updates, International Trade Updates

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

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