The WLR Daily case summaries
[2020] WLR(D) 220
Court of Appeal
Islandsbanki HF and others v Stanford
[2020] EWCA Civ 480
2020 March 11;
April 2
April 2
King, Henderson, Asplin LJJ
Conflict of laws— Foreign judgment— Recognition— Bank petitioning for bankruptcy of debtor based on judgment debt in Icelandic court— Bank registering Icelandic judgment in High Court— Bank issuing writ of control on judgment issued before expiry of period for appeal against registration— Whether execution of foreign judgment before expiry of period for appeal against registration permissible— Whether purported execution of judgment valid— Whether writ of control defective— Whether defect curable— Whether execution for purposes of insolvency legislation—
Civil Jurisdiction and Judgments Act 1982 (c 27), s 4A
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Insolvency Act 1986 (c 45), s 268(1)(b)
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CPR
rr 3.10, 74.6
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Lugano Convention on Jurisdiction and the Recognition and Enforcement of Judgments in Civil and Commercial Matters (2007), articles 43(5), 47(3)