Foreign Judgment in UK Law
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Owens Bank Ltd v Fulvio Bracco and Another ; Case C-129/92
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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.
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National Navigation Company v Endesa Gereacion SA
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Different considerations might arise if the judgment had been obtained through conscious wrongdoing, for example by pursuing proceedings in defiance of an injunction, but that is not this case.
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New Cap Reinsurance Corporation Ltd ((in Liquidation)) v Grant; Rubin v Eurofinance SA
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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.
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Carl-Zeiss-Stiftung v Rayner & Keeler Ltd and Others (Original Appeal) and Rayner & Keeler Ltd and Others v Courts and Others (Cross Appeal)
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In the first place, we are not familiar with modes of procedure in many foreign countries, and it may not be easy to be sure that a particular issue has been decided or that its decision was a basis of the foreign judgment and not merely collateral or obiter.
And I think that it would be right for a court in this country, when faced with a claim of issue estoppel arising out of foreign proceedings to receive the claim with caution in circumstances where the party against whom the estoppel is raised might not have had occasion to raise the particular issue.
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AK Investment CJSC v Kyrgyz Mobil Tel Ltd
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First, the claimant must satisfy the court that in relation to the foreign defendant there is a serious issue to be tried on the merits, i.e. a substantial question of fact or law, or both. Third, the claimant must satisfy the court that in all the circumstances the Isle of Man is clearly or distinctly the appropriate forum for the trial of the dispute, and that in all the circumstances the court ought to exercise its discretion to permit service of the proceedings out of the jurisdiction.
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Buttes Gas and Oil Company v Hammer; Buttes Gas and Oil Company v Hammer (No. 3)
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Leaving aside all possibility of embarrassment in our foreign relations (which it can be said not to have been drawn to the attention of the court by the executive) there are - to follow the Fifth Circuit Court of Appeals - no judicial or manageable standards by which to judge these issues, or to adopt another phrase (from a passage not quoted), the court would be in a judicial no-man's land: the court would be asked to review transactions in which four sovereign states were involved, which they had brought to a precarious settlement, after diplomacy and the use of force, and to say that at least part of these were "unlawful" under international law.
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Foreign Judgments (Reciprocal Enforcement) Act 1933
... ... specified in the Order shall be deemed superior ... courts of that country for the purposes of this ... Part of this Act ... (2) Any judgment of a superior court of a foreign ... country to which this Part of this Act extends, other ... than a judgment of such a court given on appeal from ... ...
- Civil Jurisdiction and Judgments Act 1991
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Civil Jurisdiction and Judgments Act 1982
... ... (1) A judgment which is required to be recognised and enforced under the 2005 Hague ... Part II of the Administration of Justice Act 1920, Part I of the Foreign Judgments (Reciprocal Enforcement) Act 1933, Part I of the Maintenance ... ...
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Evidence Act 1851
... ... as aforesaid to the said Court or Judge ... Foreign and Colonial Acts of State, Judgments, &c. provable by certified Copies, ... Document belongs; and if the Document sought to be proved be a Judgment, Decree, Order, ... or other judicial Proceeding of any Foreign or ... ...
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The Recognition, and Res Judicata Effect, of a United States Class Actions Judgment in England: A Rebuttal of V
ivendi
United States' courts have proven willing to certify multi‐jurisdictional class actions which purport to adjudicate the claims of both American and foreign (i.e., non‐US‐domiciled) class members. T...... ... ’ courts have prov en willing to certify multi-jurisdictional class actions which purport to adjudicate the claims of both American and foreign (i.e., non-US-domiciled) class members.This article contends, howev er, that a class actions judgment/settlement issued b y a US court would not be ... ...
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Strategies for Preventive Diplomacy and Conflict Resolution
Every year, Uppsala University awards the Johan Skytte Prize in Political Science to a scholar who has made a valuable contribution to political science. In 1998 the prize was awarded to Stanford P...
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Cross‐border asset protection: an offshore perspective
Considers the ability of an applicant to reach assets in offshore jurisdictions, showing that there is a difference between the offshore world and the rest of the world; most of the “traditional” o...... ... thecross-border preservation of assets and enforcementof eventual judgment takes time and can leave aclaimant at the behest of jurisdictions with ... the identi-®ed assets within Sunland (a freezing order inaid of foreign proceedings where the substantivecause of action will be ... ...
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Annex 3. The UK Debt Relief (Developing Countries) Act 2010
... ... (1) This section applies to — ... (a) a judgment on a relevant claim given by a court in the United Kingdom before ment, ... (b) a foreign judgment given (whether before or after commencement) on a relevant claim, ... ...
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English Commercial Court: Foreign Judgment Did Not Establish Issue Estoppel
Parties may struggle to establish issue estoppel based on a foreign judgment, even when they agreed exclusive jurisdiction of English courts. MAD Atelier International BV v. Manès [2020] EWHC 10...
- High Court Rules On Common Law Enforceability Of Foreign Judgment In E&W
- 'Golden Endurance' English Court Considers Party's Challenge To Foreign Judgment
- Foreign Judgment Enforceable At Common Law Despite Legislative Change Making It Unenforceable In State Of Origin
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Order for permission to register a foreign judgment
King's Bench forms for use in cases such as personal injury, negligence and breach of contract.
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Order for registration for enforcement in England and Wales of a foreign judgment
King's Bench forms for use in cases such as personal injury, negligence and breach of contract.
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Evidence in support of application for registration for enforcement in England and Wales of a foreign judgment
King's Bench forms for use in cases such as personal injury, negligence and breach of contract.
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Evidence in support of application for registration for enforcement in England and Wales of a foreign judgment
King's Bench forms for use in cases such as personal injury, negligence and breach of contract.