In re New Cap Reinsurance Corpn Ltd

Subject Matter

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 Judgements (Reciprocal Enforcement) Act 1933, ss 4, 6 — Insolvency Act 1986, s 426 — Reciprocal Enforcement of Foreign Judgments (Australia) Order 1994, art 4(a) — Cross-Border Insolvency Regulations 2006, Sch 1, arts 2, 21

[2012] Ch 538; [2013] 1 AC 236; [2012] 2 WLR 1095; [2012] 3 WLR 1019; [2012] Bus LR 772; [2013] Bus LR 1

Appellate History

Commentary

Blackstones Civil Practice 2023
Common Law - Foreign court must have had jurisdiction over the defendant 80.3