Islandsbanki HF v Stanford

Subject Matter

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)

[2020] EWCA Civ 480; [2021] Ch 30; [2020] 3 WLR 895; [2020] WLR(D) 220, CA

Appellate History