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ARTICLE · 24 OCTOBER 2023

English Courts May Enforce The Unenforceable

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The recent case of Invest Bank PSC v El-Husseini and others [2023] EWHC 2302 (Comm) clarifies that foreign judgment debts may be enforceable at common law in England...

GlobalLitigation, Mediation & Arbitration
Christopher Charlton
Christopher Charlton
Mark Edwardes Jones
Mark Edwardes Jones
Sheila Dines
Sheila Dines
Blaise Kingan
Blaise Kingan

The recent case of Invest Bank PSC v El-Husseini and others [2023] EWHC 2302 (Comm) clarifies that foreign judgment debts may be enforceable at common law in England, despite being unenforceable in their jurisdiction of origin.

What happened?

This case concerned the enforcement in England of two final monetary judgments obtained by the Claimant (the Bank) against the First Defendant (the Guarantor, a private individual) before the courts of Abu Dhabi (the Abu Dhabi Judgments).

Shortly after the final decision in Abu Dhabi, the Bank took steps to enforce in Abu Dhabi and obtained attachments to assets and travel bans against the Guarantor. The Bank also swiftly issued the proceedings in England, in July 2021, for payment of the judgment debt by the Guarantor. This culminated in default judgment in England in favour of the Bank in January 2023.

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