Lars Windhorst v Albert Levy

Lars Windhorst v Albert Levy

The 2003 Judgment remains formally enforceable under German law unless and until a declaration is obtained under section 767 ZPO. The English court must recognise the Insolvency Plan but only to the extent it has effect in Germany. Refusal to grant a stay would unjustly allow enforcement in the UK when enforcement is stayed in Germany pending determination. A stay should be granted conditional on provision of security equivalent to that required in Germany.

Parties
Appellant: Lars Windhorst; Respondent: Albert Levy
Jurisdiction
England and Wales
Judgment Date
02 December 2021
Procedural Posture
Appeal / Court of Appeal Judgment
Outcome
Appeal against Registration Order dismissed; appeal against refusal of stay allowed.
Legal Topics
Recognition and Enforcement of Foreign Judgments, Interplay Between Brussels I Regulation and Insolvency Regulation, Stay of Execution, Enforceability of Foreign Judgments
Civil Procedure Insolvency Law International Law Recognition and Enforcement of Foreign Judgments Interplay Between Brussels I Regulation and Insolvency Regulation Stay of Execution Enforceability of Foreign Judgments

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Parties

Lars Windhorst

Appellant

Albert Levy

Respondent

Procedural Posture

Appeal / Court of Appeal Judgment

Legal Issues

  1. 1 Whether the 2003 Judgment is enforceable in light of the German Insolvency Plan
  2. 2 Whether the English court can refuse registration of a foreign judgment on grounds other than those specified in Articles 34 and 35 of the Brussels I Regulation
  3. 3 Whether a stay of execution should be granted pending determination of enforceability in Germany

Ratio Decidendi

The 2003 Judgment remains formally enforceable under German law unless and until a declaration is obtained under section 767 ZPO. The English court must recognise the Insolvency Plan but only to the extent it has effect in Germany. Refusal to grant a stay would unjustly allow enforcement in the UK when enforcement is stayed in Germany pending determination. A stay should be granted conditional on provision of security equivalent to that required in Germany.

Court Disposition

Appeal against Registration Order dismissed; appeal against refusal of stay allowed.

Orders

  • Stay of execution granted conditional on provision of security in the sum of $3.44 million.
  • Both parties have permission to apply to discharge or vary the stay if the German court finds it lacks jurisdiction.