“…e swaps did not constitute indebtedness contrary to Article 119(6). That latter finding was appealed and Walker J’s judgment was upheld by the Court of Appeal ([2017] EWCA Civ 428; [2017] 1 CLC 969).…”
“…w is to determine what the highest relevant court in the foreign legal system would decide if the point were to come to it: Dexia Crediop SpA v Comune di Prato [2017] EWCA Civ 428; [2017] 1 CLC 969 (“Dexia”), para 34; Morgan Grenfell & Co Ltd v SACE Istituto per I Servizi Assicurativi del Commercio [2001] EWCA Civ 1932 (“Morgan Grenfell”…”
“…e is to determine what the highest available Court in the foreign jurisdiction would decide if the point had come before it: Dexia Crediop SpA v Comune di Prato[2017] EWCA Civ 428 at paragraph 34. The FAGE approach remains the starting point in any appeal from such a determination of foreign law (ibid paragraph 36). However it may be qua…”
“…rris De Ferro De Lisboa SA [2016] 4 WLR 49. The second decision that of the Court of Appeal (Longmore, Floyd, Simon LJJ) in Dexia Crediop SPA v Comune di Prato [2017] EWCA Civ 428. It is sufficient to note at this stage that the factors considered in those two decisions were more wide ranging than the two factors considered by the judge …”