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5 Foreign Judgments

Adrian Briggs

From: Private International Law in English Courts 2e (2nd Edition)

Prof Adrian Briggs

From: Oxford Legal Research Library (http://olrl.ouplaw.com). (c) Oxford University Press, 2023. All Rights Reserved.date: 15 April 2024

Public policy — Common law recognition — Foreign judgments obtained in breach of jurisdiction agreement — Judgments from courts of a member state — Judgments from designated court under dispute resolution agreement — Overcoming foreign judgments obtained in breach of contract — Defences to enforcement — Enforcing foreign judgment debts — Fraud

This chapter deals with the effect of the judgments of foreign courts in England. The point of departure is that unless a statute makes provision for it, a foreign judgment is not, as such, enforceable in England. However, the common law may recognize that the decision of a foreign court has made the cause of action, or particular issues arising within it, res judicata if certain conditions are met; the recognition of a foreign judgment may also pave the way for English proceedings to collect, as a debt, the sum ordered to be paid by the foreign court. The chapter examines the grounds on which a foreign judgment will be, and will not be, recognized, and exposes the underlying principles on which this law is based prior to discussing (and mostly dismissing) proposals for reform. It then considers the enforcement by statute of foreign judgments from certain Commonwealth jurisdictions, and from states party to a bilateral or multilateral treaty with the United Kingdom. It assesses the validity of certain bilateral conventions after the revocation of the Brussels/Lugano schemes and considers the possible adoption of the 2019 Hague Convention on Foreign Judgments.

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