Enforcing Foreign Judgments in England: What’s Changed?
The UK Supreme Court’s decision in Drelle v Servis-Terminal LLC [2026] UKSC 29 is an important development for businesses and individuals seeking to enforce foreign judgments in England and Wales. The decision provides greater flexibility for international judgment creditors and highlights the importance of considering enforcement options as part of a wider cross-border litigation strategy.
Background
Servis-Terminal LLC obtained a substantial judgment against Mr Drelle in Russia. It subsequently sought to use that judgment as the basis for bankruptcy proceedings in England and Wales, without first obtaining recognition of the Russian judgment in the UK.
The Supreme Court was asked to consider whether an unrecognised foreign judgment could constitute a debt for the purposes of the Insolvency Act 1986. The Court unanimously decided that it could, overturning the previous Court of Appeal decision.
Key takeaways
The Supreme Court has confirmed that, in appropriate circumstances, a creditor does not need to obtain separate recognition of a foreign judgment before relying on it to support bankruptcy proceedings in England and Wales.
This could provide international creditors with:
- A quicker route to enforcement, by potentially removing the need for separate recognition proceedings
- Greater flexibility, allowing creditors to consider insolvency proceedings alongside other enforcement options
- Potential cost savings, where a separate recognition process can be avoided.
However, the decision does not mean that every foreign judgment can automatically be enforced through UK insolvency proceedings. The relevant legal and procedural requirements still need to be satisfied and debtors may have grounds to challenge the foreign judgment or the proposed proceedings.
What does this mean for international clients?
The decision is particularly relevant to overseas businesses and individuals who have obtained a judgment against a debtor with assets, business interests or other connections to England and Wales.
It also reinforces the importance of thinking about enforcement at an early stage of a cross-border dispute. Winning a judgment is often only one part of the process. Understanding where a debtor’s assets are located, which enforcement mechanisms may be available and how different jurisdictions interact can be critical to achieving a successful recovery.
For international clients, England and Wales can therefore play an important role in a wider enforcement strategy, even where the original dispute and judgment arose overseas.
How our Litigation & Disputes team can help
Our Litigation & Disputes team works with businesses and individuals involved in domestic and international disputes, including matters where litigation, judgment enforcement and insolvency considerations cross jurisdictions.
We can assist clients with assessing their options following a foreign judgment, including whether enforcement action in England and Wales may be appropriate. We also advise clients at an earlier stage of a dispute, helping them consider jurisdiction, litigation strategy and potential enforcement routes from the outset.