The Weekly Law Reports
[2020] 3 WLR 895
Court of Appeal
Islandsbanki HF and others v Stanford
[2020] EWCA Civ 480
2020 March 11; April 2
King, Henderson, Asplin LJJ
Conflict of laws— Foreign judgment— Recognition— Bank obtaining foreign judgment against debtor and registering judgment in High Court— Bank obtaining writ of control for enforcement of judgment before expiry of period for debtor to appeal against registration— Whether issue of writ of control in such circumstances prohibited— Whether premature issue of writ of control curable— Whether writ of control amounting to “execution” for insolvency purposes—
Civil Jurisdiction and Judgments Act 1982 (c 27), s 4A
—
Insolvency Act 1986 (c 45), s 268(1)(b)
—
CPR
rr 3.1(2)(m), 3.1(7), 3.10
—
Insolvency (England and Wales) Rules 2016 (SI 2016/1024), r 12.64
—
Lugano Convention on Jurisdiction and the Recognition and Enforcement of Judgments in Civil and Commercial Matters (2007), arts 43(5), 47(3)