Owens Bank Ltd v Fulvio Bracco and Another ; Case C-129/92

JurisdictionEngland & Wales
CourtCourt of Appeal (Civil Division)
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26 cases
  • Goldstein v Conley
    • United Kingdom
    • Court of Appeal (Civil Division)
    • 4 May 2001
    ...arises to satisfy a judgment of a court of competent jurisdiction: see Adams v Cape Industries plc [1990 Ch 433 at 513 and Owens Bank Ltd v Bracco [1992] 2 AC 443 at 484. In my judgment the same or a closely analogous principle should be applied here. Thus, where the Lands Tribunal exercise......
  • Ferrexpo AG v Gilson Investments Ltd and Ors
    • United Kingdom
    • Queen's Bench Division (Commercial Court)
    • 3 April 2012
    ...question, whether, had I discretion to order a stay under a reflexive application of article 28, I should have exercised it 188 In Owens Bank Ltd v Bracco, ( case C-129/92), the ECJ identified (at para 76) three considerations that might be relevant in exercising the discretion under articl......
  • NML Capital Ltd v Republic of Argentina [QBD (Comm)]
    • United Kingdom
    • Queen's Bench Division (Commercial Court)
    • 29 January 2009
    ...defendant will not be permitted to reopen issues of either fact or law which have been decided against him by the foreign court” ( Owens Bank Ltd v Bracco [1992] 2 AC 443 (HL) per Lord Bridge at 484A-C). On 14 March 2008, NML applied to the Commercial Court (as I have said on the papers an......
  • Owusu v Jackson
    • United Kingdom
    • Court of Appeal (Civil Division)
    • 19 June 2002
    ...of Justice has ever made a ruling. Two different Advocates-General have expressed different opinions on the question. In Case No C-129/92 Owens Bank [1994] ECR I-117 Advocate-General Lenz (at para 32 of his opinion) expressed reservations about subscribing to the Commission's view that the ......
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