Lord Denning MR discussed the status of a foreign judgment whilst under appeal: ‘The appeal itself does not render it not final and conclusive, nor should the possibility of leave to appeal. It seems to me that the proper test is this : is the judgment a final and conclusive judgment of a court of competent jurisdiction in the territory in which it was pronounced. The relevant territory here is the State of New York. Applying this test, there was here a final and conclusive judgment.’
Russell LJ said: ‘on the question whether a judgment lacks finality or conclusiveness for lack of enforceability, regard can only be had to the system of law applied by the court whose foreign judgment is in question’
Judges:
Lord Denning MR, Russell LJ
Citations:
[1966] 1 WLR 1287, [1966] 3 All ER 85
Cited by:
Cited – Financial Services Authority (FSA) and Others v AMRO International Sa and Another CA 24-Feb-2010
The FSA appealed against an order refusing its request for inquiries and production of accounting records by the defendant accountants to satisfy a request issued by the US Securities and Exchange Commission.
Held: The FSA had properly . .
Lists of cited by and citing cases may be incomplete.
Estoppel, International
Updated: 06 May 2022; Ref: scu.409216