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

Court of Appeal, enforcement and the finality principle (Joint Stock Company v Berezovsky & another)
Published on: 20 January 2014
Published by: LexisPSL
  • Court of Appeal, enforcement and the finality principle (Joint Stock Company v Berezovsky & another)
  • 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. or take a trial to read the full analysis.

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