Insolvency & Enforcing Foreign Judgments - Lessons Learned from Recent Case Law

Introduction

Enforcing foreign judgments can be a lengthy and complex process.

However, many practitioners are unaware that foreign money judgments can be used to bring winding-up or bankruptcy proceedings, often a simpler and speedier process.

This new virtual classroom seminar will explore the impact of two recent High Court decisions, A Company, In Re and Drelle v Servis-Terminal LLC, which confirmed that:

• Foreign money judgments do not need to be registered for a judgment creditor to be able to rely on them for the purposes of winding-up or bankruptcy proceedings
• Those insolvency proceedings do not constitute ‘an action on a judgment’ and are not subject to the six-year limitation period in the Limitation Act 1980

What You Will Learn

This live and interactive course will cover the following:

• The dos and don’ts of enforcing foreign judgments, looking at the differences between insolvency proceedings and enforcing judgments by registration or common law proceedings
• An outline of the practical steps involved in commencing winding up or bankruptcy proceedings
• Analysis of when judgment creditors who are otherwise out of time to enforce a foreign judgment can consider bringing English insolvency proceedings
• Subject to the pending Court of Appeal’s view in Drelle, a discussion of the relevant enforcement considerations where there is an underlying asset to pursue, and why the insolvency route may increasingly be used by strategically minded overseas creditors

Recording of live sessions: Soon after the Learn Live session has taken place you will be able to go back and access the recording - should you wish to revisit the material discussed.