A judgment of a court of competent jurisdiction may be final and binding, even though a right of appeal to a superior court remains open.
Lord Herschell stated on the question of finality or conclusiveness of a foreign judgment: ‘in order to establish that such a judgment has been pronounced it must be shown that in the court by which it was pronounced it conclusively, finally, and for ever established the existence of the debt of which it is sought to be made conclusive evidence in this country, so as to make it res judicata between the parties. If it is not conclusive in the same court which pronounced it, so that notwithstanding such a judgment the existence of the debt may between the same parties be afterwards contested in that Court, and upon proper proceedings being taken and such contest being adjudicated upon, it may be declared that there existed no obligation to pay the bet at all, then I do not think that a judgment which is of that character can be regarded as finally and conclusively evidencing the debt, as so entitling the person who has obtained the judgment to claim a decree from our Courts for the payment of that debt.’
Judges:
Lord Herschell
Citations:
(1889) 15 AC 1
Jurisdiction:
England and Wales
Cited by:
Cited – Carl Zeiss Stiftung v Rayner and Keeler Ltd (No 2) HL 1966
An agency had to be proved in a search to identify an entity which the law recognised (a) existed and (b) was legally responsible for the acts in issue in the proceedings. The House was asked whether the fact that an issue had already been . .
Cited – Joint Stock Company (Aeroflot-Russian Airlines) v Berezovsky and Another CA 16-Jan-2014
The appellant had judgments obtained in Russia against the respondent. It now appealed against a refusal of enforcement of those judgments based upon the ground that there was a complete defence to the recognition and enforcement of the judgments . .
Lists of cited by and citing cases may be incomplete.
Litigation Practice, International
Updated: 20 November 2022; Ref: scu.468881
