i-law

Litigation Letter

Enforcement of foreign order

Rubin and another v Eurofinance SA and others, Picard and others intervening; In re New Cap Reinsurance Corporation Ltd SC TLR 9 November

The prohibition at common law against the English court enforcing foreign ‘in personam’ judgments against a person who had not been present in nor submitted to the jurisdiction of the foreign court applied equally to the enforcement of judgments made in foreign bankruptcy proceedings. Any decision to have a more liberal rule for such judgments in the interests of international co-operation in corporate insolvency would have to be a matter for legislation.

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