Jurisdiction(s):
United Kingdom

No recognition or registration required: unrecognised foreign judgments can found winding-up petitions - Re a Company; s24 Limitation Act 1980 not applicable (England and Wales)

Published on: 09 July 2024

Published by a LexisNexis Restructuring & Insolvency expert

Legal News

Article summary

Re a company [2024] EWHC 1070 (Ch)

What are the practical implications of this case?

This ruling materially simplifies, in practical terms, the enforcement of foreign judgment debts in England and Wales by permitting creditors to commence insolvency proceedings as the chosen route. There is no longer any necessity to pursue registration, or to obtain prior recognition of the relevant foreign judgment at the outset. It also clarifies and affirms that the conclusions reached in Valeriy Ernestovich Drelle v Servis-Terminal LLC [2024] EWHC 521 (Ch)—namely, that an unrecognised or unregistered foreign judgment can properly found a bankruptcy petition—apply with equal force in the corporate sphere. Taken together, this provides judgment creditors with an extra enforcement pathway that is potentially quicker, procedurally more direct, and more cost-effective to deploy.

What was the background?

In late 2010, the respondent obtained a Lebanese judgment for US$776,907.51 against the Applicant. That outcome was upheld on appeal in 2014 and again in 2017, leaving the judgment intact. In 2015, it is understood the respondent sought to enforce the judgment debt in Lebanon, but those efforts were unsuccessful. In 2022, the respondent sent a draft...

To view the latest version of this document and thousands of others like it, sign-in with LexisNexis or register for a free trial.

Popular documents

Using the Judicial College Guidelines to assess general damages in personal injury claims

When evaluating a general damages claim, the practitioner ought initially to refer to the Judicial College Guidelines (JCG)...

Tomlin orders in England and Wales: CPR guidance on drafting, confidentiality, approval, variation, enforcement, limitation, CCA issues, court-specific requirements, sample wording and precedents

This Practice Note This Practice Note reviews mechanisms used in settling litigation. A Tomlin order consists of a consent order paired with a schedule. It operates to stay proceedings on terms that have been agreed. The provisions contained in the schedule may remain confidential. This Practice Note describes the scope of confidentiality attaching to the schedule and sets out how it differs from a standard consent order. Sample wording for a Tomlin order is included, alongside links to precedents, as well as guidance on court approval. It also addresses varying, setting aside and enforcing a Tomlin order, including the considerations the court will take into account when handling applications for each. Further guidance is provided on interpreting and applying the relevant provisions of the CPR; however, some courts and divisions impose very specific requirements for both drafting and approval, and for approaching the schedule and confidentiality issues. Accordingly, you must consider the particular rules and court guide provisions in the forum where your claim is proceeding when drawing up the Tomlin order...

Precedent: Deed of Surrender of Lease with Optional Premium, Settlement and Release, Landlord, Mortgagee and Guarantor Consents, Reimbursement and HM Land Registry Provisions (England and Wales)

Date [ date ] Parties [ name of Landlord ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Landlord) [ name of Tenant ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Tenant) [ [ name of Guarantor ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Guarantor) ] [ [ name of Mortgagee ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Mortgagee) ] Definitions Within this Deed, the terms below shall be interpreted as follows: [ Annual Rent • the annual sum reserved under the Lease; ] [ Insurance Rent • the Tenant’s share of the Landlord’s costs of insuring the Property (as set out in the Lease); ] Lease • the lease of the Property dated [ date ], entered into between (1) [ the Landlord OR [ name ...

Precedent Statutory Declaration: Standard Wording under the Statutory Declarations Act 1835

I, [ name ], of [ address ], solemnly and sincerely state that: [ Matters to be verified, set out in numbered paragraphs ] I make this solemn statement in good conscience, believing it to be true, and pursuant to the provisions of the Statutory Declarations Act 1835. DECLARED at [ details ] this [ day ] day of [ month and year ] Before me ................................................................................ [ signature of the person before whom the declaration is made ] A [ commissioner for oaths OR [ solicitor OR [ insert other qualification ] ] authorised to administer oaths ]...