The defendant appealed against the continuation of a world wide freezing order sought by the claimant saying that it should not be enforced as a foreign penal law. A judgment had been obtained in the US.
Held: The English court could look to examine the US judgement to see whether any part was unenforceable. If part was enforceable here, the fact that it was made as part of a judgement in a criminal judgment would not prevent that part being enforced.
Lord Justice Waller, Lord Justice Moses and Lady Justice Hallett
[2009] EWCA Civ 27, Times 18-Mar-2009, [2009] 1 Lloyd’s Rep 399, [2009] Bus LR 1593, [2009] Lloyd’s Rep FC 203, [2010] 1 WLR 172, [2009] 1 CLC 49, [2009] 2 All ER 1009
Bailii
England and Wales
Litigation Practice
Updated: 06 December 2021; Ref: scu.280170
