Servis-Terminal LLC v Drelle (No. 2)

[2025] EWCA Civ 698

Citation or case number

[2025] EWCA Civ 698

Forum and jurisdiction

Court of Appeal

Date

2025

Role and party represented

Sole counsel for trustees Robert Starkins and Nicholas Nicholson, instructed by Latham & Watkins

Principal subject

Insolvency and cross-border disputes

Judge

Lord Justice Newey, Lord Justice Popplewell and Lord Justice Snowden (now Lord Snowden, Justice of the Supreme Court)

Alexander represented the Grant Thornton trustees in the consequential Court of Appeal proceedings concerning their position after the substantive appeal. He did not appear in the substantive appeal or the later Supreme Court appeal.

Case overview

The litigation concerned whether and how a foreign judgment could support English bankruptcy proceedings. After the Court of Appeal allowed Mr Drelle's appeal in January 2025, Alexander appeared for the trustees in bankruptcy at a further Court of Appeal hearing dealing with the consequences of that decision.

Principal issues or remedies

  • The removal of the trustees and re-vesting of the bankruptcy estate following the successful substantive appeal.
  • The trustees' remuneration, expenses and potential exposure after the bankruptcy order was set aside.
  • The appropriate stay and protective arrangements pending an application for permission to appeal to the Supreme Court.

Alexander's role, work and outcome

Alexander addressed the protective arrangements required for the trustees while permission to appeal to the Supreme Court was being pursued. The judgment records his submissions concerning the trustees' position, remuneration and expenses following the substantive appeal. He did not appear in the substantive Court of Appeal judgment at [2025] EWCA Civ 62 or in the later Supreme Court appeal.

Why the case matters

The consequential judgment addresses removal of trustees, re-vesting of the estate, remuneration, expenses and protective arrangements while permission to appeal was pursued. It forms part of an important appellate sequence concerning foreign judgments and bankruptcy jurisdiction.

Official, reported and published materials

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