Rubin & Anor v Eurofinance SA & Ors

The supplied extract records the Court of Appeal’s disposition but contains no written reasoning. The appeal was allowed, the cross-appeal was dismissed, specified parts of the Chancery Division order were set aside, and specified provisions of a United States Bankruptcy Court judgment were enforced. No substantive legal rule, statutory interpretation or treatment of authority can safely be distilled from the extract.

Rubin and another appealed from the Chancery Division before Nicholas Strauss QC. Eurofinance SA and others were the respondents. The extract identifies the appeal but does not state the underlying claims, the Chancery Division’s reasons, or the central legal questions. The Court of Appeal’s operative order concerned paragraphs 4 to 6 of the Chancery Division order and paragraphs 3 and 5 of a United States Bankruptcy Court judgment.

1. Disposition. The appeal was allowed and the cross-appeal was dismissed.
2. Orders set aside. Paragraphs 4 to 6 of the order made by Nicholas Strauss QC in the Chancery Division were set aside.
3. Foreign judgment enforced. Paragraphs 3 and 5 of the judgment of the United States Bankruptcy Court were ordered to be enforced.
4. Stay. Enforcement was stayed for 28 days to allow the parties to seek permission to appeal to the Supreme Court.
5. Costs. The respondent was ordered to pay the costs and to repay sums already paid on account of costs. The extract does not quantify those sums.

The supplied text contains no written reasons. It therefore provides no reliable basis for identifying the ratio decidendi, statutory analysis, or treatment of cited authorities.

• Court of Appeal (Civil Division): In [2010] EWCA Civ 1047, the appeal was allowed, the cross-appeal dismissed, specified parts of the Chancery Division order set aside, and specified provisions of the United States Bankruptcy Court judgment enforced, subject to a 28-day stay.
• Chancery Division: Appeal from an order of Nicholas Strauss QC. The citation and substantive decision are not stated in the judgment extract.