Foreign insolvency proceedings and the enforceability of European judgments under Brussels I (Windhorst v Levy)

Table of contents

• What are the practical implications of this case?
• What was the background?
• What did the court decide?
• Enforceability
• Stay
• Case details

Article summary

Restructuring & Insolvency analysis: It was held that a German judgment could be registered if it was formally enforceable under German law, which it was in the absence of an order of the German courts to the contrary. The Insolvency Regulation only required the English court to give the insolvency process the same effect it had in Germany. As it did not automatically render the judgment unenforceable there, it did not do so in England. A stay was refused because the inexpediency requirement in CPR 83.7(4)(a) had not been met. Written by Nora Wannagat, barrister at 9 Stone Buildings, who appeared for the respondent.