Introduction

A recent Commercial Court decision has raised an intriguing question of private international law: can a foreign judgment be enforced in England and Wales if it is not enforceable in the country where it was given?

A series of high-profile insolvencies in 2020 caused by the coronavirus pandemic, oil price crash and allegations of fraudulent activity has brought to the forefront the question of a seller's rights over goods when they are in transit to an insolvent buyer. While the seller might have a claim in damages or for the price, such claims will be unsecured and therefore of little to no value against an insolvent buyer.