Enforcement of Foreign Judgments in UK Law

Leading Cases
  • New Cap Reinsurance Corporation Ltd ((in Liquidation)) v Grant; Rubin v Eurofinance SA
    • Supreme Court
    • 24 Octubre 2012

    The court will not simply consider whether the steps taken abroad would have amounted to a submission in English proceedings. Conversely, it does not necessarily follow that because the foreign court would not regard the steps as a submission that they will not be so regarded by the English court as a submission for the purposes of the enforcement of a judgment of the foreign court. The question whether there has been a submission is to be inferred from all the facts.

  • Owens Bank Ltd v Fulvio Bracco and Another ; Case C-129/92
    • House of Lords
    • 19 Mayo 1994

    But it is submitted for the bank that the language of section 9(2)( d) must be construed as qualified by the common law rule that the unsuccessful party who has been sued to judgment is not permitted to challenge that judgment on the ground that it was obtained by fraud unless he is able to prove that fraud by fresh evidence which was not available to him and could not have been discovered with reasonable diligence before the judgment was delivered.

  • Jet Holdings Inc. v Patel
    • Court of Appeal (Civil Division)
    • 09 Marzo 1988

    Where the objection to enforcement is based on jurisdiction—that is Rule 43—it is to my mind plain that the foreign court's decision on its own jurisdiction is neither conclusive nor relevant. If the rule is that a foreign judgment obtained by fraud is not enforceable, it cannot matter that in the view of the foreign court there was no fraud. The lesson for the plaintiff is that he should in the first place bring his action where he expects to be able to enforce a judgment.

  • Nasser v United Bank of Kuwait
    • Court of Appeal (Civil Division)
    • 21 Diciembre 2001

    Returning to Part 25.15(1) and 25.13(1) and (2)(a) and (b), if the discretion to order security is to be exercised, it should therefore be on objectively justified grounds relating to obstacles to or the burden of enforcement in the context of the particular foreign claimant or country concerned. Insolvent or impecunious companies present a different situation, since the power under CPR Part 25.13(2)(c) applies to companies wherever incorporated and resident, and is not discriminatory.

    The courts may and should, however, take notice of obvious realities without formal evidence.

    Certainly no evidence has been put before us to suggest that the defendants would, or even could, face any real obstacle or difficulty of legal principle in enforcing in the United States any English judgment for costs against this claimant.

  • AK Investment CJSC v Kyrgyz Mobil Tel Ltd
    • Privy Council
    • 10 Marzo 2011

    That conclusion is also supported by the many cases in the United States courts in which the standard of justice in the foreign court has been examined in the context of forum non conveniens questions.

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Books & Journal Articles
  • The Enforcement of Foreign Judgments in Nigeria: Scope and Conflict of Laws Questions
    • No. , February 2015
    • African Journal of International and Comparative Law
    • 129-143
  • The HCCH Judgments Convention in Australian Law
    • No. 47-3, September 2019
    • Federal Law Review
    In May 2018, the Hague Conference on Private International Law (‘HCCH’) produced a draft convention for the recognition and enforcement of foreign judgments. A Diplomatic Session of the HCCH is exp...
    ... ... ‘HCCH’) produced a draft convention for the recognition and enforcement of foreign judgments. A Diplomatic Session of the HCCH is expected to take ... ...
  • Recognition and Enforcement of Foreign Arbitral Awards in Civil and Commercial Matters in Ethiopia
    • No. 5-1, January 2011
    • Mizan Law Review
    • Tecle Hagos Bahta
    • LL.B (AAU, 2002), LL.M: European and Comparative Law (University of Ghent, 2006)
    • 105-140
    Ethiopia is not yet party to the New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards. It can also be said that Ethiopian arbitration laws fail to cope with the emergin...
    ... ... However, as of 1965, with the introduction of the Civil Procedure Code (CPC), rules on the recognition and enforcement of foreign judgments and arbitral awards are set out whose interpretation, unfortunately, have remained thus far inconsistent. Thus, the criteria must be clearly ... ...
  • Commonwealth Action in the Field of Private International Law
    • Criminal Law Issues
    • Roundtable Discussions
    • Commonwealth Secretariat
    • 291-297
    Introduction. Child support and family maintenance in international cases. Commonwealth arrangements. A new Hague Convention. REMO Orders and the new Convention. The recognition and enforcement of ...
    ... ... An adequate system for the enforcement of support obligations across national boundaries ... @The recognition and enforcement of foreign judgments ... @@The Hague Judgments Project ... ...
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