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CHAPTER 32 Schemes for recognition and enforcement of foreign judgments

Civil Jurisdiction and Judgments

Page 711


Schemes for recognition and enforcement of foreign judgments

32.01 The schemes by which effect is given in England to foreign judgments

In deciding where to commence proceedings, a prospective claimant may, and should, consider whether a judgment in his favour will be enforceable outside the jurisdiction of the court which gave it. It is all very well to obtain judgment from a particular court, but if the judgment will not be effective in the country in which the defendant’s assets may be found, its practical value is diminished. Judged from the point of view of the prospective defendant, the question is whether he can safely turn his back on the foreign proceedings, trusting that if he does so the judgment will not be enforceable against him beyond the borders of the state in which it was obtained, or at least not in the States in which he has or plans to keep his assets. This Part, therefore, examines the various schemes for the recognition and enforcement in England of judgments from foreign courts.

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