Source: All England Reporter
Publisher Citation: [2012] All ER (D) 258 (Oct)
Neutral Citation: [2012] UKSC 46
Court: Supreme Court

Lord Walker, Lord Mance, Lord Clarke, Lord Sumption and Lord Collins SCJJ

Representation Marcus Staff (instructed by Brown Rudnick LLP) for the appellants.
  Robin Dicker QC and Tom Smith (instructed by Chadbourne & Parke LLP) for the respondents.
  Robin Knowles QC and Blair Leahy (instructed by Edwards Wildman Palmer UK LLP) for the appellants.
  Gabriel Moss QC and Barry Isaacs (instructed by Mayer Brown International LLP) for the respondents.
  Pushpinder Saini QC, Adrian Briggs, Shaheed Fatima, Ian Fletcher and Stephen Robins (instructed by Taylor Wessing) for the intervener.
  Michael Driscoll QC and Rosanna Foskett (instructed by Wilsons Solicitors LLP & Wedlake Bell LLP) for the intervener.
Judgment Dates: 24 October 2012


Conflict of laws - Foreign judgment - Enforcement - Insolvency proceedings - Judgments given in two appeals raising issue of international insolvency law - Whether and if so, in what circumstances, an order or judgment of foreign court relating to avoidance proceedings would be recognised and enforced in England - Whether judgment enforceable under statutory procedure for registration and enforcement of foreign judgments - Whether judgment enforceable at common law - .

The Case

Conflict of laws Foreign judgment. The Supreme Court ruled on two appeals: Rubin and another v Eurofinance SA and others (Rubin) and New Cap Reinsurance Corp and another v Grant and others (New Cap), which raised an issue in international insolvency law as to whether, and if so, in what circumstances, an order or judgment of a foreign court (on in proceedings to adjust or set aside prior transactions, namely preferences or transactions at an undervalue (avoidance proceedings), would be recognised and enforced in England. Having considered the relevant legal principles and caselaw, the Court allowed the appeal in Rubin, but dismissed the appeal in New Cap.

Practice Areas

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