Court of Appeal, enforcement and the finality principle (Joint Stock Company v Berezovsky & another)

Table of contents

• Practical implications
• Facts
• Appeal judgment
• Finality principle—what is it?
• What choice of law rules apply?
• Standards of review when recognising and adopting a foreign judgment
• Impact of failure to raise a defence in the foreign proceedings
• Impact of delay in making a claim in a foreign court
• Henderson v Henderson

Article summary

DR analysis: The Court of Appeal has handed down a judgment providing an insight into the ‘finality principle’, an issue which is considered by the courts when determining whether to grant summary judgment to the claimant of a claim to enforce a foreign judgment against a judgment debtor in England and Wales. The Court of Appeal also offered an insight into other considerations when enforcing a foreign judgment although those were provided on an obiter basis.