The Law Reports (Appeal Cases)
[2013] 1 AC 236
Supreme Court
Rubin and another v Eurofinance SA and others (Picard and others intervening)
In re New Cap Reinsurance Corpn Ltd (in liquidation)
New Cap Reinsurance Corpn Ltd and another v Grant and others
[2012] UKSC 46
2012 May 21,
22,
23,
24;
Oct 24
Lord Walker of Gestingthorpe, Lord Mance, Lord Clarke of Stone-cum-Ebony, Lord Sumption JJSC, Lord Collins of Mapesbury
Insolvency— Liquidation— Foreign company— Liquidators of foreign companies seeking to enforce in England judgments of United States and Australian courts to recover moneys transferred to defendants before liquidation— Defendants claiming not to have been present in or submitted to jurisdiction of foreign courts— Whether judgments in personam— Whether ordinary rules for enforcing judgments in personam inapplicable to bankruptcy proceedings— Whether judgments enforceable at common law— Whether alternative method of enforcement through international assistance provisions of Model Law on Cross-Border Insolvency— Statutory provisions allowing English court to “assist” Australian court in insolvency matter and for registration and enforcement of Australian judgment in “civil or commercial” matter— Whether either provision allowing English court to enforce Australian judgment against defendants—
Foreign Judgments (Reciprocal Enforcement) Act 1933 (23 & 24 Geo 5, c 13), s 6
—
Insolvency Act 1986 (c 45), s 426(4)
—
Reciprocal Enforcement of Foreign Judgments (Australia) Order 1994 (SI 1994/1901), art 4(a)
—
Cross-Border Insolvency Regulations 2006
(SI 2006/1030), Sch 1, art 21