Pemberton v Hughes
Jurisdiction | England & Wales |
Date | 1899 |
Court | Court of Appeal |
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80 cases
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Yukos Capital S.a.r.L (a company incorporated in the Luxembourg) v OJSC Rosneft Oil Company (a company incorporated in the Russian Federation)
...that was partial and dependent and therefore offend against English principles of substantial justice. 14 11. As Lord Lindley held in Pemberton v Hughes [1899] 1 Ch 781 at 790: “If a judgment is pronounced by a foreign court over persons within its jurisdiction and in a matter with which i......
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Adams v Cape Industries Plc
...courts will apply not the law of the foreign court itself but our own rules of private international law. As Lindley M.R. put it in Pemberton v. Hughes (1899) 1 Ch. 781: "There is no doubt that the Courts of this country will not enforce the decisions of foreign Courts which have no jurisd......
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Salvesen v Administrator of Austrian Property
...a Court here where they are not domiciled can review that decision. The reasons given by Lindley, M.R., in ( Pemberton v. Hughes 1899, 1 Ch. 781) are, in my opinion, conclusive against any attempt to reopen any such case on the footing of supposed irregularity of procedure. Our Courts, as ......
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Gray (orse. Formosa) v Formosa
...and Mr Colin Duncan, who at our request has come here representing the Queen's proctor, and he has drawn our attention to the case of Pemberton v. Hughes (1899) 1 Ch., 781, where sitting in this Court Lord Lindley, Master of the Rolls, said: "If a Judgment is pronounced by a foreign Court o......
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1 firm's commentaries
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Enforcing US judgments in Australia
...v DA Gloria [2006] NSWSC 450 at [31] per Rothman J 2Norsemeter Holdings v Boele (No 1) [2002] NSWSC 370 at [14] and Pemberton v Hughes (1899) 1 Ch 781 at 790 3ibid. 4See Independent Trustee Services Ltd v Morris [2010] NSWSC 1218, RDCW Diamonds Pty td v DA Gloria [2006] NSWSC 450 Clayton Ut......
4 books & journal articles
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The Recognition, and Res Judicata Effect, of a United States Class Actions Judgment in England: A Rebuttal of V
ivendi
...(2008) 1 Erasmus LR 31.19 In England: Adams vCape Industr ies plc [1990] Ch 433,513 per Slade LJ (Adams), citing PembertonvHughes [1899] 1 Ch 781, 791;and see too Desert Sun Loan Corp vHill [1996] CLC 1132, 1145per Roch LJ (Desert Sun). In the US,Bersch vDrexel Firestones Inc 519 F 2d 974, ......
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Table of Cases
...683 Peenok v. Hotel Presidential (1983) 4 N.C.L.R. 122………..........................175 Pemberton v. Hughes (1899) 1 Ch. 781.........................................................663 Pemu v. N.D.I.C. (2016) 6 N.W.L.R. (Pt. 1507) 175………......……148, 149, 154 Peter Jonny Loke v. The State (19......
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European Collective Action: Towards Coherence?
...n ict of Laws, par a. 14–128 to 135; Adams v Cape Indust ries Plc [19 90] Ch 433, 450.149 Ibid., par a. 14–152.150 Pemberton v. Hughes [1899] 1 Ch 781 CA, 790–91.151 Stichting Converium S ecurities C ompensation Fou ndation Vereniging VE B NCVB v. Scor Holding (Switzerland) AG and Zuric h ......
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FOREIGN LAW MUST BE PLEADED
...decision of a foreign Court where the domestic Tribunal finds suo motu the foreign Court has no jurisdiction. See: Pemberton v. Hughes (1899) 1 Ch. 781 as per Lord Lindley M.R. But where the law is that of another State in the Federation a judicial notice of that is taken." - Per Eso, J.S.C......