Judgment Hand Down: Re Shahzad (No 2) [2026] EWHC 1014 (Ch)

Daniel Judd appeared for the successful office-holder in resisting a challenge to the recognition of foreign insolvency proceedings under the Cross-Border Insolvency Regulations 2006.

This was a rare example of a challenge to recognition on grounds of public policy.  The debtor applied to set aside the recognition order on grounds that the foreign insolvency proceeding was in substance the indirect enforcement of revenue claims, contrary to the so-called “revenue rule”.

On 7 May 2026, ICC Judge Agnello KC handed down judgment dismissing the application.  The court relied on the collective nature of the foreign insolvency proceeding and held that the presence of numerous different creditors in the estate (in addition to the foreign revenue authority) meant that the debtor’s argument had to fail.

The decision follows the office-holder’s successful application for urgent interim freezing relief at the outset of the proceedings:  Re Shahzad & Anor [2025] EWHC 43 (Ch).

Daniel appeared unled against a silk, and was instructed by CMS Cameron McKenna Nabarro OIswang LLP.

Read the full judgment her