Lloyd's Maritime and Commercial Law Quarterly
IS A FOREIGN JUDGMENT DEBT A DEBT?
Michal Hain*
Drelle v Servis-Terminal
Can a bankruptcy petition be presented on the basis that a payment ordered by a foreign court has not been made in circumstances where the foreign judgment has not been the subject of recognition proceedings in this jurisdiction? That is how Newey LJ identified the “question of wider significance” raised in Drelle v Servis-Terminal LLC.1 Richards J had said “yes”.2 Allowing the appeal, the Court of Appeal said “no”. Newey LJ delivered the leading judgment. Snowden LJ concurred and added some of his own reasons. Popplewell LJ agreed with both. The question is now heading to the Supreme Court.3
* Barrister, Twenty Essex.
1. [2025] EWCA Civ 62 (hereafter “Drelle CA”), [1].
2. [2024] EWHC 521 (Ch) (hereafter “Drelle HC”).
3. Permission to appeal was granted by Lords Bridge and Sales and Lady Simler on 1 October 2025: see www.supremecourt.uk/cases/uksc-2025-0094.
Case and comment
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