- Choice of law clauses — EU Rules — Traditional rules — Judgments and orders
This chapter examines the impact of the right to a fair trial on the enforcement and recognition of judgments under national rules, using the traditional English rules as an example. In principle, where Article 6(1) ECHR has indirect effect, the courts of the UK are obliged to refuse recognition and enforcement of the foreign judgment by virtue of their duty under section 6 HRA (Human Rights Act). However, there is uncertainty as to when the indirect effect of Article 6(1) ECHR is engaged: is it only in instances of a flagrant denial of justice or in all circumstances where any of the guarantees afforded by the right to a fair trial are breached? In the absence of a clear instance of a flagrant denial of justice abroad recourse should be had to private international law, as modified to take human rights law more seriously.
Users without a subscription are not able to see the full
to access all content.