Insolvency judgments and the Foreign Judgments (Reciprocal Enforcement) Act 1933
Produced in partnership with Allen & Overy

The following Restructuring & Insolvency practice note produced in partnership with Allen & Overy provides comprehensive and up to date legal information covering:

  • Insolvency judgments and the Foreign Judgments (Reciprocal Enforcement) Act 1933
  • Effect of registration
  • Setting registration aside
  • No registration if original court did not have jurisdiction
  • How is the FJ(RE)A 1933 relevant to insolvency judgments?
  • The original court’s jurisdiction
  • Debtor’s submission to the jurisdiction
  • Other options for enforcing foreign insolvency judgments
  • Precedents

Insolvency judgments and the Foreign Judgments (Reciprocal Enforcement) Act 1933

The Foreign Judgments (Reciprocal Enforcement) Act 1933 (FJ(RE)A 1933) facilitates the enforcement of foreign money judgments in England.

In New Cap Reinsurance Corp v Grant, the Supreme Court held that a preference judgment obtained in Australian liquidation proceedings could be registered and enforced under the FJ(RE)A 1933 against persons resident in England. This was the first time the FJ(RE)A 1933 had been applied to insolvency proceedings. This Practice Note will consider the FJ(RE)A 1933, its application in New Cap Re and to foreign insolvency judgments generally, and how the FJ(RE)A 1933 interacts with other ways the English courts can assist in cross-border insolvencies.

The FJ(RE)A 1933 enables civil and commercial foreign money judgments to be registered and then enforced in England. The FJ(RE)A 1933 applies to these jurisdictions: France, Belgium, Pakistan, India, Germany, Norway, Austria, the Netherlands, Israel, Guernsey, Isle of Man, Jersey, Italy, Tonga, Suriname, Canada and Australia. For a list of the relevant orders for each country, see FJ(RE)A 1933, s 1, the notes—subordinate legislation. Note: when dealing with Norway the act only applies to proceedings commenced on or after 31 December 2020 at 11 pm. Where proceedings were commenced prior to that date, the enforcement provisions in the Lugano Convention 2007 will continue to apply (News Analysis: Continued recognition of civil judgments between

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