Statutory and Common Law Enforcement of Foreign Insolvency Judgments
Butterworths Journal of International Banking & Financial Law, Vol. 26, No. 5, p. 254, 2011
9 Pages Posted: 23 May 2011
Date Written: May 21, 2011
This article argues that the enforcement in England in Re New Cap Reinsurance Corporation of an Australian monetary judgment rendered under Australian insolvency law does not sit easily with the Foreign Judgments (Reciprocal Enforcement) Act 1933. This is because the Foreign Judgments (Reciprocal Enforcement) Act 1933 applies to foreign insolvency judgments. Where the 1933 Act applies, section 426 of the Insolvency Act 1986 and the common law cannot enforce foreign insolvency judgments independently.
Keywords: Cross-border insolvency, common law regime, enforcement of foreign insolvency judgments, enforcement of Australian judgment in England
JEL Classification: K10, K12, K19, K20, K29, K30, K33, K39, K40, K40, K41, K42, K49
Suggested Citation: Suggested Citation