Foreign Judgment in UK Law

Leading Cases
  • Aggeliki Charis Compania Maritima S.A. v Pagnan S.p.A. (The Angelic Grace)
    • Court of Appeal (Civil Division)
    • 17 May 1994

    In my judgment, the time has come to lay aside the ritual incantation that this is a jurisdiction which should only be exercised sparingly and with great caution. But in my judgment there is no good reason for diffidence in granting an injunction to restrain foreign proceedings on the clear and simple ground that the defendant has promised not to bring them.

    In my judgment, where an injunction is sought to restrain a party from proceeding in a foreign court in breach of an arbitration agreement governed by English law, the English Court need feel no diffidence in granting the injunction, provided that it is sought promptly and before the foreign proceedings are too far advanced.

  • New Cap Reinsurance Corporation Ltd ((in Liquidation)) v Grant; Rubin v Eurofinance SA
    • Supreme Court
    • 24 Oct 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.

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

    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.

  • Buttes Gas and Oil Company v Hammer; Buttes Gas and Oil Company v Hammer (No. 3)
    • House of Lords
    • 29 Oct 1981

    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.

  • Cambridge Gas Transport Corporation v Official Committee of Unsecured Creditors of Navigator Holdings Plc and Others
    • Privy Council
    • 16 May 2006

    But the domestic court must at least be able to provide assistance by doing whatever it could have done in the case of a domestic insolvency. The purpose of recognition is to enable the foreign office holder or the creditors to avoid having to start parallel insolvency proceedings and to give them the remedies to which they would have been entitled if the equivalent proceedings had taken place in the domestic forum.

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

    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 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.

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Legislation
  • Foreign Judgments (Reciprocal Enforcement) Act 1933
    • UK Non-devolved
    • 1 de Enero de 1933
  • Nuclear Installations Act 1965
    • UK Non-devolved
    • 1 de Enero de 1965
    ......the department occupies the site. . S-10 . Duty of certain foreign operators. 10 Duty of certain foreign operators. . (1) In the case of ... S-17 . Jurisdiction, shared liability and foreign judgments. 17 Jurisdiction, shared liability and foreign judgments. . (1) No ......
  • Civil Jurisdiction and Judgments Act 1982
    • UK Non-devolved
    • 1 de Enero de 1982
    ......the United Kingdom by virtue of registration under Part II of. the Administration of Justice Act 1920. , Part I of the. Foreign Judgments (Reciprocal Enforcement) Act 1933. , Part I. of the Maintenance Orders (Reciprocal Enforcement) Act 1972. or section 4 or 5 of this Act. . ......
  • Civil Procedure Rules 1998
    • UK Non-devolved
    • 1 de Enero de 1998
    ...... Rule 2.10 . Meaning of "month" in judgments, etc. . Rule 2.11 . Time limits may be varied by parties . PART 3 . ... Rule 33.7 . Evidence of finding on question of foreign law . Rule 33.8 . Evidence of consent of trustee to act . PART 34 . ......
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Books & Journal Articles
  • The Recognition, and Res Judicata Effect, of a United States Class Actions Judgment in England: A Rebuttal of V ivendi
    • Núm. 75-2, Marzo 2012
    • The Modern Law Review
    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 ......
  • Strategies for Preventive Diplomacy and Conflict Resolution
    • Núm. 34-1, Marzo 1999
    • Cooperation and Conflict
    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...
  • Cross‐border asset protection: an offshore perspective
    • Núm. 10-3, Julio 2003
    • Journal of Financial Crime
    • 229-245
    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...
    ...... a defendant who mayevaporate his assets either before or after judgmenthas always plagued both domestic and internationallitigation. Transactions are ...3,2003,pp. 229 ±245#HenryStewart PublicationsISSN 1359-0790. foreigner an equitable right aecting assets locatedthere. Alternatively, an order ......
  • Annex 3. The UK Debt Relief (Developing Countries) Act 2010
    • Part III. Challenges and Solutions
    • Stop Vulture Lawsuits
    • Poornimah Devi Sookun
    • 119-127
    ......4 Meaning of “the relevant proportion” . 5 Judgments for qualifying debts etc . Supplementary and general . 6 Exception where ...(b) a foreign judgment given (whether before or after commencement) on a relevant claim, ......
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Law Firm Commentaries
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