The plaintiff sought to enforce here a judgment obtained in France against the defendant, who now pleaded that he was not a native of and had not lived in France. He had not been served with any process or had any involvement in or knowledge of the proceedings in France. The plaintiff said that he owned shares in a French company which made him subject to its statutes which in turn provided for French law and jurisdiction on related disputes, and that any member must elect a French domicile, or that election could be made for it. The company having become insolvent, he was now pursued for the subscription promised.
Held: The reply was effective even though he had hadno notice of the proceedings: ‘The Courts of this country consider the defendant bound . . where he has contracted to submit himself to the forum in which the judgment was obtained.’
Citations:
(1875) 1 Ex D 17, (1875) 45 LJQB 15, (1875) 33 LT 560, (1875) WR 85
Cited by:
Cited – Vizcaya Partners Ltd v Picard and Another PC 3-Feb-2016
No Contractual Obligation to Try Case in New York
(Gibraltar) The appellant had invested in a fraudulent Ponzi scheme run by Bernard Madoff. They were repaid sums before the fund collapsed, and the trustees now sought repayment by way of enforcement of an order obtained in New York.
Held: The . .
Lists of cited by and citing cases may be incomplete.
Jurisdiction
Updated: 18 May 2022; Ref: scu.565110