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 Oct 2012

    The characterisation of whether there has been a submission for the purposes of the enforcement of foreign judgments in England depends on English law. Nor does it follow from the fact that the foreign court would have regarded steps taken in the foreign proceedings as a submission that the English court will so regard them. 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 May 1994

    The rule rests on the principle that there must be finality in litigation which would be defeated if it were open to the unsuccessful party in one action to bring a second action to re-litigate the issue determined against him simply on the ground that the opposing party had obtained judgment in the first action by perjured evidence. The rule rests on the principle that there must be finality in litigation which would be defeated if it were open to the unsuccessful party in one action to bring a second action to re-litigate the issue determined against him simply on the ground that the opposing party had obtained judgment in the first action by perjured evidence.

  • Nasser v United Bank of Kuwait
    • Court of Appeal (Civil Division)
    • 21 Dic 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.

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

    The defendant may have been served in the foreign country, entered an appearance, given evidence, been disbelieved, and had judgment entered against him. If he asserts that the plaintiff's claim and evidence were fraudulent that issue must be tried all over again in enforcement proceedings. 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.

  • AK Investment CJSC v Kyrgyz Mobil Tel Ltd
    • Privy Council
    • 10 Mar 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.

See all results
Books & Journal Articles
  • Recognition and Enforcement of Foreign Arbitral Awards in Civil and Commercial Matters in Ethiopia
    • Núm. 5-1, Enero 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. 15. A ......
  • The USA PATRIOT Act: statutory analysis and regulatory implementation
    • Núm. 11-1, Enero 2004
    • Journal of Financial Crime
    • 73-102
    Analyses specific sections of the 2001 Act as they concern powers over financial services. Includes Section 311: Special Measures Involving Foreign Jurisdictions, Financial Institutions, Transactio...
    ......SECTION 311: SPECIAL MEASURES INVOLVING FOREIGN JURISDICTIONS, FINANCIAL INSTITUTIONS, ... undermine the administrative process (enforcement against the full range of ®nancial institutions ...SECTION 323: ENFORCEMENT OF FOREIGN JUDGMENTS 29 Restraining order The government may seek a ......
  • Canadian Courts Enforce Foreign Non‐Money Judgments
    • Núm. 70-4, Julio 2007
    • The Modern Law Review
    ......1 Some writers have argued tha t there existed an equitable jurisdiction to enforce foreign non- money judgments.Se e R.W . White,‘Enforcementof Foreign Judgments in Equity’ (1 980^1982 ) 9 SydneyL Rev 630; D.Buzard,‘U.S . Recognition and Enforcement of Foreign Country Injunctive and ......
See all results
Law Firm Commentaries
See all results

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT