OOO Nevskoe v UAB Baltijos Šalių Industrinio Perdirbimo Centras

OOO Nevskoe v UAB Baltijos Šalių Industrinio Perdirbimo Centras

In the absence of a recognised foreign insolvency order, the 'first past the post' principle applies and the diligent creditor is entitled to enforce against the debtor's asset, subject to any countervailing considerations. The assignment to Dognus and any non-disclosure issues do not bar the making of a final TPDO but require disclosure and an opportunity for affected parties to be heard before payment is made.

Parties
Applicant/claimant: OOO Nevskoe; Respondent/defendant: UAB Baltijos Šalių Industrinio Perdirbimo Centras (formerly UAB Alfagra); Third Party Respondent: Bilderlings Pay Limited
Jurisdiction
England and Wales
Judgment Date
11 January 2023
Procedural Posture
Commercial Enforcement / Insolvency / Final Third Party Debt Order (tpdo) Application
Outcome
Final Third Party Debt Order made, subject to conditions and directions.
Legal Topics
Recognition of Foreign Insolvency, Third Party Debt Order, Assignment of Debt, Priority of Creditors, Disclosure Obligations, Brexit Legal Effects
Insolvency Law Arbitration Civil Procedure Cross Border Insolvency Recognition of Foreign Insolvency Third Party Debt Order Assignment of Debt Priority of Creditors +2 more

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 4 Authorities cited 10 Party arguments 2 Amounts and remedies 5
Sign in to unlock

Parties

OOO Nevskoe

Applicant/claimant

UAB Baltijos Šalių Industrinio Perdirbimo Centras (formerly UAB Alfagra)

Respondent/defendant

Bilderlings Pay Limited

Third Party Respondent

Procedural Posture

Commercial Enforcement / Insolvency / Final Third Party Debt Order (tpdo) Application

Legal Issues

  1. 1 Whether a Final Third Party Debt Order should be made where foreign insolvency proceedings are pending but not yet recognised in England and Wales
  2. 2 Whether the assignment of the debt by the Claimant to a third party (Dognus UAB) bars enforcement
  3. 3 Whether the Claimant's non-disclosure of the assignment at the ex parte stage affects the order

Ratio Decidendi

In the absence of a recognised foreign insolvency order, the 'first past the post' principle applies and the diligent creditor is entitled to enforce against the debtor's asset, subject to any countervailing considerations. The assignment to Dognus and any non-disclosure issues do not bar the making of a final TPDO but require disclosure and an opportunity for affected parties to be heard before payment is made.

Court Disposition

Final Third Party Debt Order made, subject to conditions and directions.

Orders

  • Claimant to disclose the assignment agreement to Defendant and Third Party within seven days.
  • Third Party to pay €627,717.11 to Claimant upon satisfaction of conditions and after 28 days or determination of any application to vary/set aside.