Clarke v Fennoscandia Ltd and others (Scotland): HL 12 Dec 2007

After being awarded costs in proceedings in the US, the defendants chased the claimant for their costs in Scotland. He sought an interdict saying that the judgment had been obtained by fraud. The defendant had give an undertaking not to pursue the claim, but the claimant sought to continue. The defendant was a company registered in England and now in liquidation.
Held: There was a duty on the court to recognise a foreign judgement. The claimant had already challenged the judgement for fraud and lost. In the light of the undertakings there was no longer a live issue. The issues were important only as between the parties.
Lord Bingham of Cornhill, Lord Hope of Craighead, Lord Rodger of Earlsferry, Lord Walker of Gestingthorpe, Lord Neuberger of Abbotsbury
[2007] UKHL 56, 2008 GWD 2-24, 2008 SC (HL) 122, 2008 SLT 33, 2008 SCLR 142
See AlsoClarke v Fennoscandia Ltd and others SCS 10-Mar-2000
Outer House – application to recover costs on award by court in Delaware . .
See AlsoClarke v Fennoscandia Limited and others OHCS 23-Jul-2003
. .
Appeal fromClarke v Fennoscandia Limited Freakley, Phillips OHCS 2-Dec-2004
The claimant had said that the defendants conspired to deny him the presidency of a company. He lost his case in the US, and the defendants chased him for costs. He asserted that the US judgment had been obtained by fraud. The defendants undertook . .
CitedGraham v Robert Younger Ltd 1955
The complainer had given an undertaking in proceedings for his sequestration at the instance of Robert Younger Ltd. The company lodged a minute seeking his apprehension for its breach as a contempt of court. The sheriff ordered the apprehension of . .
CitedBeggs v Scottish Ministers HL 7-Feb-2007
The claimant, a serving prisoner, had sought to sue the prison authorities for the conditions in which he was kept. He complained that his correspondence with his lawyers had been unlwafully opened by the prison. Repeatedly, undertakings were given . .
CitedMacnaughton v Macnaughton’s Trustees IHCS 1953
It is not the function of the courts to decide hypothetical questions which do not impact on the parties before them. Lord Justice-Clerk Thomson said: ‘Our Courts have consistently acted on the view that it is their function in the ordinary run of . .
CitedAiredale NHS Trust v Bland HL 4-Feb-1993
Procedures on Withdrawal of Life Support Treatment
The patient had been severely injured in the Hillsborough disaster, and had come to be in a persistent vegetative state (PVS). The doctors sought permission to withdraw medical treatment. The Official Solicitor appealed against an order of the Court . .
CitedLaw Hospital NHS Trust v Lord Advocate and Another IHCS 20-May-1996
The patient suffered from irreversible damage to the cerebral cortex and fell into a persistent vegetative state in 1992. Permanently insensate, she remained alive only because feeding and hydration were provided to her artificially and because of . .
CitedWestergaard v Westergaard 1914
The parties were a divorced couple. A decree of the Danish court had given the husband power over his son. At the relevant time the son was living in Scotland with his father.
Held: It was simply not open to a Scottish court to help the wife . .

Cited by:
CitedAshley and Another v Chief Constable of Sussex Police HL 23-Apr-2008
The claimants sought to bring an action for damages after a family member suspected of dealing drugs, was shot by the police. At the time he was naked. The police officer had been acquitted by a criminal court of murder. The chief constable now . .

Lists of cited by and citing cases may be incomplete.
Updated: 20 October 2021; Ref: scu.262255