header-logo header-logo

30 April 2010 / Khawar Qureshi KC
Issue: 7415 / Categories: Features , Procedure & practice
printer mail-detail

United states?

Khawar Qureshi QC considers the enforcement of a foreign judgment against a sovereign state

In Republic of Argentina and NML Capital Limited [2010] EWCA Civ 41 (NML) the Court of Appeal granted an appeal from the order of Blair J dated  January 29 2009. Blair J had confirmed that a hedge fund was entitled to bring an action in England to enforce a summary judgment obtained on May 11 2006 in the US courts against Argentina for the sum of around US$284m.
The claim arose from default on bond payments by Argentina in the aftermath of its financial crisis in late 2000. NML had acquired the rights arising under the bond instruments and, at first instance, Argentina had, inter-alia, argued but failed to persuade Blair J that NML should not be granted any relief because entities such as NML (sometimes called “vulture funds”) existed solely to acquire distressed sovereign debt and to pursue claims aggressively—some form of “public policy” contention appears to have underpinned Argentina’s argument in this regard. However, the nature of NML and

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Cripps—Radius Law

Cripps—Radius Law

Commercial and technology practice boosted by team hire

Switalskis—Grimsby

Switalskis—Grimsby

Firm expands with new Grimsby office to serve North East Lincolnshire

Slater Heelis—Will Newman & Lucy Spilsbury

Slater Heelis—Will Newman & Lucy Spilsbury

Property team boosted by two solicitor appointments

NEWS
The Supreme Court has delivered a decisive ruling on termination under the JCT Design & Build form. Writing in NLJ this week, Andrew Singer KC and Jonathan Ward, of Kings Chambers, analyse Providence Building Services v Hexagon Housing Association [2026] UKSC 1, which restores the first-instance decision and curbs contractors’ termination rights for repeated late payment
Secondments, disciplinary procedures and appeal chaos all feature in a quartet of recent rulings. Writing in NLJ this week, Ian Smith, barrister and emeritus professor of employment law at UEA, examines how established principles are being tested in modern disputes
The AI revolution is no longer a distant murmur—it’s at the client’s desk. Writing in NLJ this week, Peter Ambrose, CEO of The Partnership and Legalito, warns that the ‘AI chickens’ have ‘come home to roost’, transforming not just legal practice but the lawyer–client relationship itself
A High Court ruling involving the Longleat estate has exposed the fault line between modern family building and historic trust drafting. Writing in NLJ this week, Charlotte Coyle, director and family law expert at Freeths, examines Cator v Thynn [2026] EWHC 209 (Ch), where trustees sought approval to modernise trusts that retain pre-1970 definitions of ‘child’, ‘grandchild’ and ‘issue’
Fresh proposals to criminalise ‘nudification’ apps, prioritise cyberflashing and non-consensual intimate images, and even ban under-16s from social media have reignited debate over whether the Online Safety Act 2023 (OSA 2023) is fit for purpose. Writing in NLJ this week, Alexander Brown, head of technology, media and telecommunications, and Alexandra Webster, managing associate, Simmons & Simmons, caution against reactive law-making that could undermine the Act’s ‘risk-based and outcomes-focused’ design
back-to-top-scroll