header-logo header-logo

04 September 2026
Issue: 8175 / Categories: Legal News , Dispute resolution , International , Insolvency
printer mail-detail

NLJ this week: Foreign debts bite

258065
© Getty images
Foreign judgment creditors have gained a route to recovery after the Supreme Court’s ruling in Drelle v Servis-Terminal

An unrecognised and unregistrable foreign judgment can constitute a qualifying debt for an English bankruptcy petition under s 267 of the Insolvency Act 1986. Writing in NLJ this week, Charlotte Hill and Harriet Campbell of Penningtons Manches Cooper explain that a final foreign money judgment creates an independent common law obligation to pay without first requiring English recognition.

The court found a ‘world of difference’ between a sovereign claim for tax or penalties and a private claim. Bankruptcy is a collective insolvency process, not a mechanism for directly enforcing the judgment.

The decision removes a procedural hurdle, particularly for judgments from countries without reciprocal enforcement arrangements, and strengthens creditors’ settlement leverage. However, mobile directors and individuals face greater exposure, making early challenges based on fraud, unfairness, public policy or jurisdiction increasingly important.

MOVERS & SHAKERS

Anthony Collins—20 promotions

Anthony Collins—20 promotions

20 promotions mark major people investment at national law firm, Anthony Collins

Sidley—Elaine Whiteford

Sidley—Elaine Whiteford

Sidley adds competition litigator Elaine Whiteford in London

Charles Russell Speechlys—Claudina D’Costa

Charles Russell Speechlys—Claudina D’Costa

Charles Russell Speechlys welcomes Claudina D’Costa as Director of Client Development Marketing

NEWS
The 25th Pro Bono Week begins today until 6 November, with events hosted by law firms, chambers, law schools and charities across the UK
Pro bono is celebrating a silver anniversary, with initiatives putting businesses and students at the heart of access to justice
Choosing the wrong expert can cost a clinical negligence claimant more than their case
Judges risk weakening their own independence by staying silent over government reforms, a leading public lawyer argues
A discount on damages does not automatically mean an equivalent haircut for legal costs in military deafness claims
back-to-top-scroll