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RECOGNITION AND ENFORCEMENT
1. Can be no enforcement without recognition. So if recognition denied as res judicata there can be no question of enforcement
2. Enforcement of a foreign judgment is essentially a positive process whereby the English court authorizes the judgment-creditor to take the necessary steps so that the judgment is satisfied
3. Recognition of a foreign judgment merely provides a barrier which prevents proceedings being pursued in England
RECOGNITION WITHOUT ENFORCEMENT
1. So if the judgment cannot be enforced eg. because the remedy ordered by the foreign court is not one which can be enforced in an English court. But can still get res judicata on this
1. Recognition of a judgment means treating the claim which was adjudicated as having been determined once and for all. It does not matter whether it was determined in favour of C or D
2. In personam - Judgments in personam are only ever recognised as effective against particular parties
3. In rem - Judgments in rem are recognised generally or universally, and not just against particular parties to the litigation.
4. Res Judicata - when a judgment is recognised, the matter is res judicata and the party bound by it will be estopped from contradicting it in subsequent proceedings in an English court
THREE CATEGORIES OF FOREIGN JUDGMENTS
1. Judgments obtained in MS (Chapter III Brussels Reg)
2. Judgments obtained in non-MS (common law)
3. Judgments covered by bilateral treaties
1. Judgment creditor - litigant who has obtained a judgment in a foreign court and now wishes to enforce
2. Judgment debtor - 'victim' of the judgment
3. ISSUE ESTOPPEL
- so this is estoppel based on just one point, rather than the whole claim, which arose and was determined in the course of the trial of a cause of action
4. CAUSE OF ACTION ESTOPPEL
- this is estoppel based on the whole claim
ISSUE AND CAUSE OF ACTION ESTOPPEL
1. For these estoppels to apply: I. it must be the same proceedings (or the same issue in those II.
proceedings); AND The parties to the judicial decision are the same as the parties or privies to the proceedings in which the estoppel is raised
TWO STAGE PROCESS
1. This is always applicable: I. are the basic conditions for recognition or enforcement satisfied? IF II.
YES Is there a defence by reason of which the foreign judgment should nevertheless not be recognised or enforced?
WHY DO WE RECOGNISE FOREIGN JUDGMENTS
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