Interdesco S.A. v Nullifire Ltd
| Jurisdiction | England & Wales |
| Judgment Date | 11 June 1991 |
| Date | 11 June 1991 |
| Court | Queen's Bench Division (Commercial Court) |
Queen's Bench Division
Practice - registration of foreign judgment - fraud - remedy abroad
Where registration of a foreign judgment under the Convention on Jurisdiction and the Enforcement of Judgments in Civil and Commercial Matters 1968, imported into English law by the Civil Jurisdiction and Judgments Act 1982, was challenged on the ground that the foreign court had been fraudulently deceived, the English court should first consider whether a remedy lay in the foreign jurisdiction in question. If so, it would normally be appropriate to leave the defendant to pursue his remedy in that jurisdiction.
Mr Justice Phillips so held in the Queen's Bench Division on May 1 in dismissing an appeal by the defendants, Nullifire Ltd, against an order of Master Miller that a judgment of the Cour d'Appel, Paris in favour of the plaintiffs, Interdesco SA, be registered in the Queen's Bench Division.
MR JUSTICE PHILLIPS said that such a course commended itself...
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...to register and enforce. In those cases the salutary rule which favours finality in litigation seems more appropriate." 48In Interdesco S.A. v Nullifire Ltd. [1992] 1 Lloyd's Rep 180 Phillips J concluded that in a case where the judgment being enforced in England was being so enforced unde......
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