A judgment in personam of a foreign court of competent jurisdiction cannot be questioned or impeached by the parties on the merits when recognition or enforcement of the judgment is sought in England, notwithstanding that it may have been wrong either in fact or law. This derived from the mode of pleading an action on a foreign judgment in debt, and not merely as evidence of the obligation to pay the underlying liability.
Blackburn J
(1870) LR 6 QB 139
England and Wales
Cited by:
Cited – Good Challenger Navegante S A v Metalexportimport SA CA 24-Nov-2003
The claimant sought to enforce an arbitration award made in 1983. Time might otherwise have expired, but the claimants relied on a fax which they said was an acknowledgement of the debt, and also upon a finding in a Romanian court which created an . .
Cited – Rubin and Another v Eurofinance Sa and Others SC 24-Oct-2012
The Court was asked ‘whether, and if so, in what circumstances, an order or judgment of a foreign court . . in proceedings to adjust or set aside prior transactions, eg preferences or transactions at an undervalue, will be recognised and enforced in . .
Lists of cited by and citing cases may be incomplete.
Estoppel, International
Updated: 18 December 2021; Ref: scu.188230
