A Landmark UK Ruling Affecting Foreign Bankruptcy Judgments
October 30, 2012, 1:58 PM EDT
Law360, New York (October 30, 2012, 1:58 PM EDT) -- In a ruling disposing of two appeals, the U.K. Supreme Court has held that the enforcement of foreign bankruptcy rulings in England will in certain circumstances be more difficult than had previously been thought. The two cases are Rubin v. Eurofinance SA and New Cap Reinsurance Corp v. Grant  UKSC 46.
Traditionally, under English conflict of law rules, a foreign judgment may only be enforced in England at common law if the defendant was present in the foreign country when the proceedings were issued....