Drelle - insolvency - foreign judgements may be enforced without registration

In this case update on asset recovery and insolvency England comes back into line with Jersey law following the Supreme Court ruling in Drelle so that judgements can be enforced without being registered.

Case Update 

On 27 July 2026 the UK Supreme Court issued its judgment in Drelle v Servis-Terminal LLC [2026] UKSC29 and decided that a party could bring a petition to wind up a company on the basis of a foreign judgment debt even where that foreign judgment has not been registered in England in accordance with the English statute on Foreign Judgment (Reciprocal Enforcement) Act 1933. 

In making this judgment, the Supreme Court reversed the decision of the Court of Appeal. The Supreme Court decided that, for the purposes of the Insolvency Act 1986, a monetary or costs award by a foreign court did constitute a “debt”.

This brings the law of England and Wales into line with that of Jersey. In the 2023 case of HWA 555 Owners v Redox [2023] JCA085, the Jersey Court of Appeal found that a creditor whose debt arose from a foreign judgment could successfully apply to wind up the debtor company under Article 157A of the Companies (Jersey) Law 1991 (as amended). A similar stance had also been taken by the court in the Isle of Man. As a Supreme Court decision, the Drelle case will also have relevance to practitioners in BVI and Cayman Islands. 

Amati Law

Amati Law has experience in advising on insolvency matters, including contentious issues, across Jersey, Isle of Man, Cayman Islands, BVI and England. This article does not constitute legal advice but if you require legal advice on any of the matters raised in the above article please contact James Mews MBE, Founder, Jersey Advocate and member of the English Bar.

This briefing is not legal advice and should not be relied upon as such.  If you need advice in relation to prospective litigation, winding up or on any of the matters raised in this briefing, please contact James Mews, Founder and , Amati Law.

For more information, contact us via info@amatilaw.com