Part III Jurisdiction, Foreign Judgments and Awards, Ch.16 Recognition and Enforcement of Judgments Under the Brussels/Lugano System
J J Fawcett LLB, PhD, Solicitor, J M Carruthers LLB (Hons), Dip LP, PhD, SolicitorEdited By: Sir Peter North CBE, QC, MA, DCL, FBA
James J Fawcett, Janeen M CarruthersEdited By: Sir Peter North (Consultant Editor)
- Recognition and enforcement of foreign judgments – Brussels and Lugano Conventions — Defences to enforcement — Rights of appeal — Jurisdiction under the Brussels I Regulation — Public policy
The Brussels I Regulation2 is concerned to simplify formalities with a view to rapid and simple recognition and enforcement of judgments given3 in Member States.4 This is seen as being essential for the sound operation of the internal market.5 The objective is to have free movement of judgments within the Member States in civil and commercial matters.6 In order to achieve this the Regulation provides that: first, the recognition of judgments is automatic, in the sense that none of the usual conditions found in cases of recognition and enforcement at common law or...