Enforcement of foreign judgment; NLJ 6 February p199

NML Capital Ltd v Republic of Argentina [2009] EWHC 110 (Comm) 29 January

Under s31 of the Civil Jurisdiction and Judgments Act 1982, a foreign judgment against a state, other than the UK or the state to which the court which pronounced the judgment belongs, is to be recognised and enforced in the UK if it would be recognised and enforced if it had not been given against the state and the foreign court would have had jurisdiction in the matter if it had applied rules corresponding to those applicable to such matters in the UK in accordance with ss2 to 11 of the State Immunity Act 1978. Accordingly, the court had jurisdiction to enforce a New York judgment in proceedings seeking accelerated payment of the principal amount as well as interest due under a series of bonds issued by Argentina in respect of which the claimant had declared events of default.