Valeriy Ernestovich Drelle v Servis-Terminal LLC

Valeriy Ernestovich Drelle v Servis-Terminal LLC

An unrecognised, non-registrable foreign judgment can constitute a petition debt under s267 Insolvency Act 1986, and the evidence presented did not meet the threshold for a bona fide dispute as to fraud or breach of natural justice.

Source-derived case information.

Parties
Appellant: Valeriy Ernestovich Drelle; Respondent: Servis-Terminal LLC
Jurisdiction
England and Wales
Judgment Date
14 November 2024
Procedural Posture
Appeal / Judgment
Outcome
Appeal dismissed
Legal Topics
Foreign Judgments, Bankruptcy Petitions, Recognition and Enforcement, Fraud, Natural Justice
Insolvency Private International Law Foreign Judgments Bankruptcy Petitions Recognition and Enforcement Fraud Natural Justice

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Parties

Valeriy Ernestovich Drelle

Appellant

Servis-Terminal LLC

Respondent

Procedural Posture

Appeal / Judgment

Legal Issues

  1. 1 Whether an unrecognised foreign judgment constitutes a petition debt under s267 Insolvency Act 1986
  2. 2 Whether the debt was subject to a genuine and substantial dispute due to alleged fraud

Ratio Decidendi

An unrecognised, non-registrable foreign judgment can constitute a petition debt under s267 Insolvency Act 1986, and the evidence presented did not meet the threshold for a bona fide dispute as to fraud or breach of natural justice.

Court Disposition

Appeal dismissed

Orders

  • Mr Drelle’s appeal is dismissed on all grounds.