International recognition and enforcement of judgments

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This Overview guides practitioners to materials on international recognition and enforcement of judgments in restructuring and insolvency, with links to legislation and case law.

Cross - border effectiveness of court orders is critical to asset recovery, restructurings and creditor protection. Practitioners must identify the applicable framework and its limits. Principal routes include: common law (action on the judgment) with defences of fraud, public policy and breach of natural justice; statutory registration under the Administration of Justice Act 1920 and the Foreign Judgments (Reciprocal Enforcement) Act 1933 for states; and legacy EU rules under the Civil Jurisdiction and Judgments Act 1982 for transitional cases.

In insolvency, the Cross‑Border Insolvency Regulations 2006 (implementing the UNCITRAL Model Law) enable recognition of foreign proceedings but do not create an enforcement regime for foreign avoidance judgments. Section 426 Insolvency Act 1986 permits assistance to courts of designated territories. The EU Insolvency Regulation (recast) (Regulation (EU) 2015/848) continues for proceedings within Withdrawal Agreement scope.

Rubin v Eurofinance confirms that insolvency judgments are enforced at common law; and the rule in Gibbs restricts discharge of English - law obligations by foreign restructurings...

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